Does the insanity defense apply to people with developmental disabilities, head trauma, or other degenerative brain disorders?
Although the diminished capacity defense has been abolished under Penal Code section 25(a), “idiots” are still considered incapable of committing crimes under Penal Code section 26. Although the statute does not include a definition of “idiot,” this may be a viable defense for defendants with mental retardation, head trauma, fetal alcohol syndrome, or other degenerative brain disorders. The test for “idiocy” has been held to be the same as for insanity under the ALI Test. See In re Ramon M. (1978) 22 Cal.3d 419.
Related Questions
- How can I connect with other people who want to explore housing options for themselves, or for a relative or friend with developmental disabilities?
- What can be done to make Para Transpo more accessible and affordable to people with developmental disabilities?
- Does the insanity defense apply to people with personality, adjustment, seizure, or substance abuse disorders?
