Infancy defense new york

A minor who has not yet reached this age does not have the experience or the intellectual capacity to understand the consequences that would result from their actions.

Therefore, they cannot be charged with a crime. In other states, criminal defense law reflects the belief that even young children are aware that certain actions are wrong and detrimental. In these states, infancy criminal defenses may not be successful in avoiding legal responsibility. Instead, a minor may be tried and sentenced in the juvenile justice system.

Juvenile justice systems have been developed because states believe that minors should be held accountable for their actions, but they cannot be treated the same as adults because they do not have the same experiences, education, and physiology as adults.

However, most states have established criminal defense law that does recognize certain instances in which a juvenile should be tried as an adult. In instances such as these, infancy criminal defenses will generally not be successful in absolving criminal liability.

Insanity has a particular legal definition and it is in fact, not a medical or psychiatric term. Many psychiatric and medical conditions can provide relevant evidence to help prove a defense of insanity including, but not limited to: schizophrenia, bipolar disorder with manic symptoms, delusional disorder, fugue, traumatic brain injury, brain tumors, organic brain damage, delirium tremens, acute psychotic disorder, post-traumatic stress disorder, paranoid personality disorder, schizoid personality disorder, and borderline personality disorder.

Generally speaking, the degree of disordered thinking and hallucination by the defendant must be so severe that it would be convincing to a skeptical person that the defendant had a very significant detachment from reality during the commission of their crime.

Judges and juries are often skeptical of defendants arguing the insanity defense and believe they may be pretending to be mentally ill, even when extremely severe mental illness played a significant role in the commission of the criminal acts that the defendant is accused of. Lack of competency to stand trial and the insanity defense are two different concepts and should not be confused.

Just because one has been found not competent to stand trial at one point does not prove or show evidence of insanity.

See, Westchester Rockland Newspapers, Inc. Although a loved one or family member may have been found not competent to stand trial at one point, that determination does not prove or disprove an insanity defense that may be raised at a later time.

Please fill out the form below to receive a free consultation, we will respond to your inquiry within hours guaranteed. Article Defense of infancy. NY Penal law NY Penal Law Specifying a milestone date will retrieve the most recent version of the location before that date. See most recent version before or on: Share Facebook Twitter Email. When contracts may not be disaffirmed on ground of infancy.