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Religion & Law
: Religion ClauseJudge Should Have Given "Deific Command" Instruction In Murder Trial
By Howard M. Friedman
[T]he record contained evidence from which the jury could have found that defendant believed he had received a deific command to murder Michelle. With only the model jury charge as a guide, the jury could have rejected the insanity defense -- even if it found persuasive the deific command evidence -- by finding defendant understood his actions were contrary to law. To avoid that possibility, a judge must provide ... the further explanation that insanity may be found -- even if defendant knew his actions were contrary to law -- if he proved by a preponderance of the evidence that he acted pursuant to a delusion of receiving a deific command. In other words, in such an instance, the judge must instruct that the defendant may not be held responsible for his actions "where a delusional command could be objectively recognized to confound the difference between lawful behavior and a moral imperative.The Trentonian reports on the decision.
Full post as published by Religion Clause on March 01, 2011 (boomark / email).
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