United States v. Freeman

The Defendant was found guilty on two counts of selling narcotics. The Defendant’s defense was that he lacked sufficient capacity and will to be held responsible for the criminality of his acts. The district court judge rejected the Defendant’s contention.

Both the government and the defense called witnesses to give expert psychiatric testimony for the issue of criminal responsibility. The expert witness for the Defendant testified that not only was the Defendant a narcotics addict, but also a confirmed alcoholic. Additionally, the expert witness testified that the Defendant’s body was accustomed to consuming large amounts of heroin over a period of fourteen years and also drank large amounts of alcohol each day to increase the potency of the narcotics. He stated that the Defendants displayed no depth or variation in his emotional reactions and suffered from frequent episodes of toxic psychosis causing him to suffer an inability of knowing what he is doing or where he is due to his prolong use of narcotics. Also, he stated the Defendant had suffered innumerable brain traumata producing organic and structural changes and destroyed brain tissue.

The Defendant’s expert witness was restricted to a conclusory opinion under M’Naghten. He initially stated that the Defendant was incapable of knowing right from wrong, even under a strict interpretation of the limited test. He acknowledged that the Defendant had an awareness of what he was doing on the nights in the sense that he possessed cognition that he was selling heroin.

The government’s expert witness testified that the Defendant was able to distinguish between right and wrong within the meaning of the M’Naghten test despite his heavy narcotic and alcohol use. Additionally he stated that the Defendant possessed the capacity to enter into purposeful activity such as the sale of narcotics and that he was of the opinion that the Defendant was aware of the wrongfulness of his actions. The government’s expert witness noted that the Defendant had some limitations on his ability to distinguish between right and wrong but not to the degree required under M’Naghten.