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Is PTSD a defense for murder - John Needham case

Posted on 5/25/19 at 9:30 pm
Posted by theantiquetiger
Paid Premium Member Plus
Member since Feb 2005
20083 posts
Posted on 5/25/19 at 9:30 pm
His story is on 48 Hours right now. I have learned he died nine years ago, but he murdered a young lady and said he wasn’t guilty due to military training and PTSD.

quote:

According to prosecutors, Needham had been drinking while watching television with Villagomez in his San Clemente home Sept. 1, 2008, when another female friend of Needham’s arrived. The two women became involved in a physical fight, which was broken up by Needham. The other woman left and Needham called 911 to report the altercation, prosecutors said. Needham then severely beat Villagomez, resulting in her death the following morning, according to prosecutors.


He beat a woman to death with his bare hands in a drunken outrage.
Posted by Tigerbait357
Member since Jun 2011
71179 posts
Posted on 5/25/19 at 9:31 pm to
Posted by tLSU
Member since Oct 2007
8691 posts
Posted on 5/25/19 at 9:31 pm to
It depends on whether he knew right from wrong at the time he committed the offense.
Posted by celltech1981
Member since Jul 2014
8139 posts
Posted on 5/25/19 at 9:31 pm to
Nah, seems like he is still a danger to society.
Posted by Tyga Woods
South Central Jupiter Island, FL
Member since Sep 2016
42889 posts
Posted on 5/25/19 at 9:40 pm to
I know a dude that joined the army and spent 2 years doing jumping jacks on a base in the US and now has PTSD It’s a bs excuse.
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
32380 posts
Posted on 5/25/19 at 9:41 pm to
quote:

Is PTSD a defense for murder
is blue balls a defense for rape?
Posted by TheWalrus
Land of the Hogs
Member since Dec 2012
48100 posts
Posted on 5/25/19 at 9:41 pm to
Well either you’re capable of murder or you should be in a psychiatric facility the rest of your life. Can’t have loose cannons roaming around.
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
32380 posts
Posted on 5/25/19 at 9:42 pm to
quote:

It depends on whether he knew right from wrong at the time he committed the offense.
this answer highlights what is wrong with our country
Posted by Tyga Woods
South Central Jupiter Island, FL
Member since Sep 2016
42889 posts
Posted on 5/25/19 at 9:43 pm to
quote:

Well either you’re capable of murder

Isn’t everyone technically capable of murder?
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
96238 posts
Posted on 5/25/19 at 9:46 pm to
I can't see how it goes to justification.

It may support either a defense of insanity or, perhaps, if solid, mitigating circumstances at sentencing.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
31125 posts
Posted on 5/25/19 at 10:21 pm to
quote:

Is PTSD a defense for murder


Are you asking is it or should it be?

It is allowed as all are part of the defense with regard to insanity, self-defense, diminished capacity, unconsciousness and in sentence mitigation in the states that allow such defenses, IIRC 4 do not allow insanity defenses and I think they are all western/midwestern states. I think that Montana abolished the insanity defense and is the one SCOTUS denied cert on.

Insanity defenses are extremely rare and PTSD flavored insanity defenses are a small subset of those. PTSD is an area of criminal law that is in significant flux. It simply hasn't been nailed down by many jurisdictions yet.

I have mentioned before I have never practiced in LA but probably the only LA case I could cite offhand is Foucha v. Louisiana which deals with continued confinement if the mental illness is "cured".



Posted by Walt OReilly
Poplarville, MS
Member since Oct 2005
124694 posts
Posted on 5/25/19 at 10:25 pm to
I have no problem with what he did. The days of not hitting a woman are over.
Posted by USMEagles
Member since Jan 2018
11811 posts
Posted on 5/25/19 at 10:33 pm to
This person merits execution in my opinion, and I reached that conclusion before I even read this:

"[T]he Iraq veteran complained that he suffered from post-traumatic stress disorder (PTSD) and depression as a direct result of having witnessed war crimes during his deployment."

He's not even PTSD because he got shot at. He's PTSD because the rest of his unit was mean.

USDA Grade A flake here.
Posted by cubsfan5150
NWA
Member since Nov 2007
18924 posts
Posted on 5/25/19 at 10:45 pm to
Dude seemed like a fricking attention whore that needed properly raised by decent parents
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