Tennessee Criminal Lawyer Blog

The Insanity Defense

Tue, 27 Mar 2012 21:14:48 -0500

There are many defenses provided for by Tennessee law, some of which are employed by defendants in criminal cases more frequently than others. One of the defenses that is used frequently in more serious cases, such as homicides, is the defense of insanity. This defense essentially consists of an individual admitting that he or she may be guilty of the criminal conduct alleged, but that they should not be punished for the commission of a crime with regard to the conduct because they did not understand the nature of the crime due to a mental defect.

Tennessee law defines the defense of insanity as follows:

It is an affirmative defense to prosecution that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature or wrongfulness of the defendant's acts. Mental disease or defect does not otherwise constitute a defense. The defendant has the burden of proving the defense of insanity by clear and convincing evidence.

Thus, it becomes clear that a defendant, to employ the defense of insanity, must prove by clear and convincing evidence that he or she did not understand the nature or wrongfulness of the conduct at the time of the commission of the crime. One interesting thing to note about the insanity statute is that the defendant is not allowed to produce an expert witness testifying that the defendant is insane:

No expert witness may testify as to whether the defendant was or was not insane as set forth in subsection (a). Such ultimate issue is a matter for the trier of fact alone.

This is not to say that an expert witness cannot testify to the mental state of the defendant or describe the effects and conditions that the defendant experiences, but ultimately the jury decides on its own whether or not the insanity defense applies.

Often, a good defense is the only thing standing between a defendant and a substantial amount of prison time. Contact the experienced criminal defense attorneys at Baker Associates today for a free consultation to discuss your case.

Traffic Offenses

Mon, 20 Feb 2012 22:52:59 -0500

While not considered serious offenses for the most part, traffic offenses are easily among the most frequently committed criminal offenses and can have serious consequences. While many cities and counties are willing to offer diversionary programs for offenders or are willing to allow offenders to attend driving schools to avoid having points placed on that individual's license, many cities and counties are not willing to do so if that person does not have a clean driving record, which makes keeping a clean driving record essential.

Tennessee Supreme Court to Consider 'Serious Bodily Injury'

Mon, 13 Feb 2012 22:53:48 -0500

Every criminal case is different, with it's own unique set of facts, and very often the Tennessee Court of Criminal Appeals and Tennessee Supreme Court are called upon to determine whether or not a particular set of facts meets the specific language of one of Tennessee's criminal statutes. In many of these cases, whether or not a particular phrase from a statute is applicable is the deciding factor in whether the Defendant is guilty of a crime or is to serve a longer prison sentence. One such case is the case of State v. Farmer, which will come before the Tennessee Supreme Court later this year.

New Year Brings Changes to Tennessee Criminal Laws

Sun, 05 Feb 2012 22:50:57 -0500

The dawn of a new year often brings changes in many walks of life, and the legal field is no different. Very often, state legislatures will pass changes to laws and then provide that those laws go into effect on January 1 of the upcoming year, which allows citizens, law enforcement, businesses, and organizations that may be affected to have some time to prepare for the new laws. Several new laws went into effect in Tennessee on January 1 of this year that will have a significant impact in the area of criminal law.

False Academic Degrees

Wed, 16 Nov 2011 16:28:26 -0500

In today's tough economic climate, it can often be tempting for an individual to take some course of action designed to give them a little bit of an edge in the job hunt. For instance, an individual may claim to have a degree, such as a bachelor's degree in finance or a doctorate or master's degree of some sort in order to look more appealing to a potential employer. Embellishing a resume in this way is a fairly common occurrence, but many individuals do not know that such behavior is actual illegal.

Harboring or Hiding a Runaway Child

Tue, 08 Nov 2011 23:13:17 -0500

Some criminal offenses in Tennessee punish individuals for actions they intentionally perform, while others punish them for actions that they neglect to perform. Tennessee's codification of the offense of harboring or hiding a runaway child, T.C.A. 39-15-414, does both.

Giving of Adulterated Candy or Food

Tue, 01 Nov 2011 23:35:37 -0500

Unfortunately, one of the biggest concerns of parents across the country as it pertains to Halloween is that their children may be exposed to candy that has been poisoned or otherwise tainted in such a manner as to endanger children that eat it. nearly everyone has heard horror stories of apples stuffed with razor blades or "homemade" candies containing toxic ingredients that individuals for some reason decide to hand out to children who have the misfortune of coming to their doorsteps.

Smoking Paraphernalia

Sun, 30 Oct 2011 22:03:50 -0500

Recent blogs have focused on certain crimes against or involving children as defined by Tennessee law. Specifically, the focus has been on crimes where something is distributed, possessed, or acquired by a minor that is essentially illegal because the individual involved is in fact a minor, such as the offenses of tattooing of minors and distribution of alcohol to minors. Another offense along the same vein is the distribution of smoking paraphernalia to minors.

Provision of Alcohol to Underage Individuals: Defenses

Fri, 28 Oct 2011 22:17:17 -0500

As discussed in this website's last blog, enticing an underage individual to buy alcohol, buying alcohol for an underage individual, or allowing an underage individual to drink in a location for which you are responsible carries a myriad of penalties. Fortunately for individuals who find themselves charged with this offense, there are also numerous defenses that can be exploited to fight the charge.

Provision of Alcohol to Underage Individuals

Thu, 27 Oct 2011 21:40:31 -0500

There are some offenses, such as child sex offenses and homicide offenses, that carry an enormous stigma while some carry almost no stigma at all because a large number of people find the activity socially acceptable. One good example of the latter types of offenses is the crime of smoking marijuana, which actually enjoys such a small stigma in the public eye that organizations have been formed to promote it and some have argued that the prohibition of its use is unconstitutional. A similarly-viewed offense is the crime of providing alcohol to underage individuals.

Tattooing of Minors

Fri, 21 Oct 2011 02:33:37 -0500

Some criminal statutes seem to essentially codify common sense but are still statutes that have a high propensity to be violated. For example, driving while you are under the influence of an intoxicant is almost never a wise decision, and almost everyone would agree with this statement. However, tens of thousands of well-meaning individuals across the country find themselves charged with such an offense every year. Likewise, individuals are convicted of theft every year even though most individuals would recognize that it is not right to take other people's things. Simply put, there are certain types of conduct which seem obviously wrong, yet there is a temptation or incentive to engage in them anyway.

Child Abuse: Spiritual Treatment

Thu, 20 Oct 2011 22:12:37 -0500

Anyone who knows anything about the legislative process that produces Tennessee's laws will tell you that statutes are as much a product of political maneuvering as they are actual concerned lawmaking. As such, many statutes are written or amended somewhat haphazardly and embrace conduct that they should not. Also, the need for exceptions to many criminal statutes is not apparent from the initial drafting of the statute, and exceptions to the statute are only carved out after some controversy has grabbed enough attention to make clear that an exception is warranted.

Aggravated Child Abuse

Wed, 19 Oct 2011 21:50:22 -0500

Like many other offenses, child abuse, which was discussed in our last blog, can be escalated to an "aggravated" charge by the presence of certain conditions. The aggravation of a child abuse charge threatens the offender not only with a much longer sentence of imprisonment, but also increases the likelihood that the offender will lose parental rights with regard to the victim altogether.

Child Abuse

Sun, 16 Oct 2011 21:25:40 -0500

Criminal offenses very often carry collateral consequences for offenders such as possible deportation, loss of voting privileges, or loss of the right to carry a firearm. One offense that can carry disastrous consequences for defendants in the State of Tennessee, and sometimes rightfully so, is the offense of child abuse, neglect, or endangerment.

Incest

Wed, 12 Oct 2011 22:24:23 -0500

"You can't help who you love" has been the title or subject of various songs and poems throughout the years. While it may be true, the State of Tennessee has decided that even if you can't help but love one of your relatives, you better not sleep with them or you could be looking at a felony charge.