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May 2017 presentation Team Ottolia

Gerald Fineman
June 02, 2017
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May 2017 presentation Team Ottolia

Gerald Fineman

June 02, 2017
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  1. 7 Post‐partum Depression In California 13 CALCRIM 3428 Mental impairment

    as a defense to specific intent or mental state The People have the burden of proving beyond a reasonable doubt that the defendant acted [or failed to act] with the required intent or mental state, specifically: malice aforethought. If the People have not met this burden, you must find the defendant not guilty of murder. 14
  2. 8 CALCRIM 3450 Insanity The defendant must prove that it

    is more likely than not that she was legally insane when she committed the crime. The defendant was legally insane if: When she committed the crime she had a mental disease or defect AND Because of that disease or defect she was incapable of knowing or understanding the nature and quality of her act or was incapable of knowing or understanding that her act was morally or legally wrong. 15 CALCRIM 3450 None of the following qualify as a mental disease or defect: • Personality disorder • Adjustment disorder • Seizure disorder • An abnormality of personality or character made apparent only by a series of criminal or antisocial acts. 16
  3. 10 THE LAW (false testimony) California Rules of Professional Conduct

    1‐120 California Rules of Professional Conduct 3‐100 California Rules of Professional Conduct 3‐500 California Rules of Professional Conduct 5‐110 California Rules of Professional Conduct 5‐200 California Rules of Professional Conduct 5‐220 Business & Professions Code §§ 6068(d),(e), 6103, 6106, 6128 Penal Code §§ 127, 141 19 20