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In view of the several high-profile cases where insanity claims were raised, it may be salient to review Bigby v. State 892 S.W.2d 864 (Tex. Crim. App. 1994) wherein it is very clear that the mere presence of even a severe mental illness does not insanity make. Moreover, understanding of "wrong" means the person's awareness of what the larger social community would say about his/her act. Measures of such apprehension would be res gestae statements as well as statements made incident to a custodial arrest, as well as behavior. The implication is that it may sometimes wise not to strongly oppose a diagnosis, if well attested, but to focus upon the elements of sanity as discussed in Bigby.
 
Posts: 264 | Location: Houston, TX | Registered: January 17, 2005Reply With QuoteReport This Post
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