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Criminal Law Keyed to Kaplan
People v. Serravo
Facts
Defendant believed that God wanted him to construct a sports complex. After discussing his plans with co-workers and believing they supported his project, Defendant went home and stabbed his wife. Defendant told his wife and the police that an intruder had stabbed her, but his wife then found letters Defendant had written discussing his plan to stab his wife based on instructions from God. Defendant’s wife informed the police of his letters and Defendant was arrested and charged with attempted first-degree murder and first-degree assault. During a psychiatric evaluation, Defendant said that he did not think his wife supported his plan to build the sports complex and that “evil spirits” inside of him were telling him how to handle his wife’s lack of support. At trial, the prosecution presented psychiatric testimony that Defendant had a delusional disorder resulting from brain damage sustained in a car accident years before but that he was sane at the time of the assault. The defense presented psychiatric testimony that Defendant was suffering from a paranoid delusion at the time of the crime and could not tell right from wrong. The trial court gave a jury instruction that suggested that Defendant would be considered legally insane if he believed that the act he was committing was morally right. The jury found Defendant not guilty and the State appealed, arguing that the defense of insanity should be based upon legal, not moral, grounds. The intermediate appellate court affirmed the trial court decision, and added that the moral standard be based upon a prevailing societal standard of morality. The State further appealed.
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