Using a Brain Injury as a Defense to Theft

My question involves criminal law for the state of: California

My sister was caught for stealing some cheap jewelry from a department store. She is handicapped and has a legitimate brain injury. She does not remember the theft. How does that work in court?

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Quoting Emporor

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My question involves criminal law for the state of: California

My sister was caught for stealing some cheap jewelry from a department store. She is handicapped and has a legitimate brain injury. She does not remember the theft. How does that work in court?

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It means that she will not be able to testify on her own behalf as to the events of that day.

If the state can show the court - beyond a reasonable doubt - that she committed the crime, she can be convicted.

She better have 2 doctors to declare her incompetent and a filing for the court to have a guardian appointed. Otherwise, she is entitled to the same basic treatment as everyone else.

And those docs would have to present evidence that she was incompetent AT THE TIME of the theft, not now. Just because she does not recall the incident doesn't mean she was incompetent when she committed the theft.

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Quoting Emporor

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My sister was caught for stealing some cheap jewelry from a department store. She is handicapped and has a legitimate brain injury. She does not remember the theft. How does that work in court?

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There are two separate issues that can be raised by mental incapacity -- criminal responsibility (whether your mental illness or defect rendered you unable to appreciate the wrongfulness of your act or to control your actions) and competence (ability to understand legal proceedings and participate in your own defense). If your sister properly raises either defense she can expect to undergo a forensic psychological examination such that a state expert can opine as to her capacity. As has been previously noted, an inability to remember an incident is not sufficient to avoid being convicted. The evidence may suggest an awareness that she knew what she was doing was wrong, even if she cannot recall what she did.

Care to elaborate on the brain injury? Mr. KIA hit it on the head. She may be handicapped or disabled, or have a brain injury, etc. But if she is capable of understanding right from wrong, if she hid the jewelry in her pocket (which in and of itself shows she knew what she was doing was wrong), it isn't going to work out.

Exactly if your sister knows right from wrong and is aware of her actions she could be criminally charged. Having a handicap and using it as an excuse is not a good idea. You could use the entire Diagnostic Statistics Manual(DSM) and make excuses such as having ADHD and being asked to be excused from all charges.

If you were that far out there that you should not be in public alone perhaps your sister needs someone to go with her when she is out shopping. I honestly think your sister will learn her lesson but should be responsible for her actions no matter what her diagnoses is. I think 25 hours of community service is in her near future plus pay any fines associated with the civil demand.

Why are we using disabilities to get us out of societies consequences?

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And who will pay for the forensic analysis -us taxpayers? Your sister needs a job to pay off the analysis sorry to say it should come out of her own pocket if the state wants to run this test. They could bill it at a per hour basis just like any other psychological exam or test. I think insurance companies should fail to cover this as its a criminal investigation not a psychological one for her education/health.

Just my 2 cents. You can either agree or disagree with me.