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What does it mean when the suspect might have a problem with sound memory and discretion and how does an investigator investigate it?
Wiki User
∙ 13y ago
It sounds as if the defendant is attempting to excuse his actions by alleging that they have some type of mental deficiency. The investigator doesn't have to do anything. They simply go ahead and investigate the criminal aspects of the case. When the case is presented to the prosecutor the investigator would no doubt have made notes in the file (or he would tell the prosecutor in person) that the defendant might try an insanity, or mental deficiency defense.
If the prosecutor wishes to proceed to trial he would wait until the defense raised this excuse. HOWEVER - It is NOT law enforcements job nor the job of the prosecutor to investigate any defense allegations of mental deficiency. It is ENTIRELY up to the defense to prove to the courts satisfaction that the defendant is incompetent! This will usually involve the expert medical testimony of at least one or more doctors or speciialists in the field of mental health and this type of defense can prove VERY expensive. Moreover, it is not statistically proven that this kind of case sits well with juries and it fails more often than it succeeds.
Wiki User
∙ 13y ago
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