A mitigating circumstance. An example would be the defendant is mentally retarded or mentally ill.
Of course it is. Defendants are not criminals.
The rates charged by criminal defense attorneys varies by region of the country, type of crime being defended, and the lawyer's experience and prestige. Some lawyer's will provide pro-bono services to criminal defendants, while others will charge over $500 an hour.
judge webster thayer
Mental disability can be a defense for a crime if it can be shown that the individual did not understand the nature of their actions or could not distinguish right from wrong at the time of the offense. The legal system takes into account the individual's mental capacity when determining criminal responsibility.
No, Public Defenders defend only indigent criminal defendants.
The term is called 'mens rea' In order to be convicted of any crime, every 'element' of the crime must be proven by the government beyond a reasonable doubt. So, it depends on what the crime is, and what are the particular elements of the crime alleged. If the alleged crime includes a particular 'state of mind' or 'mens rea', the government would have to prove beyond a reasonable doubt that the defendant possessed the mens rea to commit the alleged offense. An example would be a defendant not being guilty by reason of a mental defect, sometimes called not guilty by reason of insanity. This explains why some defendants are not found guilty or not charged with some crime, and are instead committed to a government mental institution.
DEFENSE
Insanity defense and self defense
The defense to prosecution for the crime of theft is typically claiming that the accused had a legal right to the property or did not intend to permanently deprive the owner of it.
no
Crime prevention is the attempt to reduce victimization and to deter crime and criminals. It is applied specifically to efforts made by governments to reduce crime, enforce the law, and maintain criminal justice.
the fifth amendmentThe right, which only extends to indigent defendants at criminal-liability jeopardy, derives from judicial interpretation of several Amendments, but is not to be found textually in the U.S. Constitution itself. Read Gideon v. Wainwright, 372 U.S. 335 (1963).