Being Declared an “Idiot” is a Legal Defense

“My son is an idiot, thus he shouldn’t be held criminally liable for that offense.” This statement was recently overheard by the mother of a defendant outside of a court room. While it is not certain if this woman’s son was literally an idiot or not, “idiocy” can be a legal defense. Believe it or not, if one is found legally to be an “idiot” this can be a defense, as there are direct jury instructions on this subject.

The jury instruction read as follows:

Idiocy is an extreme mental deficiency. This mental deficiency often is congenital, meaning a deficiency acquired before birth, or is caused by an arrested development of the brain caused by disease or injury in early childhood. The deficiency may also be caused by brain damage from disease or injury sustained in later years. An idiot is a person who lacks capacity to commit crime, and therefore is not responsible for what would otherwise be criminal conduct. An idiot is a person who suffers from mental deficiency  and the degree of mental impairment is such that at the time of the commission of the alleged crime, he or she is incapable, by reason of that deficiency, of:

1.    Knowing the nature and quality of his or her act; or
2.    Understanding the nature and quality of his or her act; or
3.    Distinguishing what is legally right from what is legally wrong; or
4.    Distinguishing what is morally right from what is morally wrong.

Now that you know the basic elements for an idiocy defense, you can see if it may apply to a loved one’s case. However, please note that making this defense work in court is not an easy thing to do. It takes an extremely knowledgeable and experienced criminal defense attorney to help one with this defense. In fact, there can be a completely separate jury trial just on the issue of whether some one is an “idiot” or not.

We hope that the information in this blog gives you some helpful insight into an “idiocy” defense. If you or a loved one needs assistance with an “idiocy” defense or with any other criminal defense matter call us today. Wallin and Klarich has a team of highly skilled, aggressive criminal defense attorneys ready to take your call 7 days week, 24 hours a day! Wallin and Klarich has been in the business of helping people with their criminal defense matters for over 40 years and we would like to help you with yours!

A qualified, experienced attorney from the firm will be able to evaluate your case when you call.