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Is PTSD a defense for murder - John Needham case
Posted on 5/25/19 at 9:30 pm
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.
He beat a woman to death with his bare hands in a drunken outrage.
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 on 5/25/19 at 9:31 pm to theantiquetiger
It depends on whether he knew right from wrong at the time he committed the offense.
Posted on 5/25/19 at 9:31 pm to theantiquetiger
Nah, seems like he is still a danger to society.
Posted on 5/25/19 at 9:40 pm to theantiquetiger
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 on 5/25/19 at 9:41 pm to theantiquetiger
quote:is blue balls a defense for rape?
Is PTSD a defense for murder
Posted on 5/25/19 at 9:41 pm to theantiquetiger
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 on 5/25/19 at 9:42 pm to tLSU
quote:this answer highlights what is wrong with our country
It depends on whether he knew right from wrong at the time he committed the offense.
Posted on 5/25/19 at 9:43 pm to TheWalrus
quote:
Well either you’re capable of murder
Isn’t everyone technically capable of murder?
Posted on 5/25/19 at 9:46 pm to theantiquetiger
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.
It may support either a defense of insanity or, perhaps, if solid, mitigating circumstances at sentencing.
Posted on 5/25/19 at 10:21 pm to theantiquetiger
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 on 5/25/19 at 10:25 pm to theantiquetiger
I have no problem with what he did. The days of not hitting a woman are over.
Posted on 5/25/19 at 10:33 pm to theantiquetiger
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.
"[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 on 5/25/19 at 10:45 pm to theantiquetiger
Dude seemed like a fricking attention whore that needed properly raised by decent parents
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