What Our Clients Say - Testimonials

Insanity

M’Naughten Test

“To establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.” -Daniel M'Naghten


Irresistible Impulse Rule

The defendant is not legally responsible if the two following conditions concur: 1) if by reason of the duress of …mental disease he had lost the power to choose between the right and wrong, and to avoid doing the act in question, as that his free agency was at the time destroyed; 2) and if, at the same time, the alleged crime was so connected with such mental disease, in the relation of cause and effect, as to have been the product of it solely.


Product Test

An accused is not criminally responsible if his unlawful act was the product of mental disease or defect.


MacDonald v. United States

The jury should be told that a mental disease or defect includes any abnormal condition of the mind which substantially affects mental or emotional processes and substantially impairs behavior controls.


American Law Institute Test

A person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect, he lacks substantial capacity either to appreciate the criminality [wrongfulness] of his conduct or to conform his conduct to the requirements of the law.


American Bar Association

A person is not responsible for criminal conduct if, at the time of such conduct, and as a result of mental disease or defect, that person was unable to appreciate the wrongfulness of such conduct.

Practice Areas   Services Menu   Need Assistance?
  Federal Charges
Homicide
Felonies
White Collar Crimes
Sex Offenses
Child Pornography
DWI/DUI
Drug Charges
Assault
Gun Crimes
Juvenile Crimes Public Officials
MIP/MIC
Theft
Disorderly Conduct
Mental Health
Addiction
Obstruction of
Justice
Defense of Criminal Charges
Business Protection
Grand Jury
Administrative Law
Professional Discipline
School Discipline
Appeals
Writs
Probation Revocation
Probation Termination
Expunctions
Sealing Records
Non-Disclosures
Protective Orders
Occupational Licenses
Counseling
Jail Release
Open Door Initiative
Contact Us
Press Room
Our Firm
Emergency


© 2008 Sumpter & Gonzalez , L.L.P., 206 East 9th Street, Suite 1511, Austin, TX 78701 - T: 512- 381-9955 | F: 512-485-3121