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Aaron Hernandez brain showed severe CTE syndrome

Smooth60

Member
Jan 9, 2017
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How would it be a defense in a criminal trial?

I'm a lawyer. Help me out with your thoughts here.
IF the contention is that Hernandez's behaviour was the result of CTE (as the lawyer his claiming, to his shame, according to your link), then the Defense should have been NCR-due to health or mental defect. (not sure if that is the appropriate term in the States) As per your link they couldn't use that defense apparently because he pled not guilty, which I am assuming was Hernandez's decision based on the reccomendation of the Lawyer. If the lawyer refused to apply to the court that his client was unable to act in his own best interests due to the condition the lawyer would have been at fault for Hernandez being found guilty and sent to prison. If the lawyer on the other hand had stuck to his guns and applied to the court for the designation and had been successful he would have been able to to enter the plea of NCR. Hard to do though as CTE can only be substantiated by post mortem exam. Precedent setting case if they had gone that way and won.
 

mandrill

Well-known member
Aug 23, 2001
70,667
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IF the contention is that Hernandez's behaviour was the result of CTE (as the lawyer his claiming, to his shame, according to your link), then the Defense should have been NCR-due to health or mental defect. (not sure if that is the appropriate term in the States) As per your link they couldn't use that defense apparently because he pled not guilty, which I am assuming was Hernandez's decision based on the reccomendation of the Lawyer. If the lawyer refused to apply to the court that his client was unable to act in his own best interests due to the condition the lawyer would have been at fault for Hernandez being found guilty and sent to prison. If the lawyer on the other hand had stuck to his guns and applied to the court for the designation and had been successful he would have been able to to enter the plea of NCR. Hard to do though as CTE can only be substantiated by post mortem exam. Precedent setting case if they had gone that way and won.
You have no idea what the insanity defence is or how it works. Go look it up

Leaving aside the point that proof of the condition is only available when the person dies and his brain is autopsied.
 

Smooth60

Member
Jan 9, 2017
299
2
18
You have no idea what the insanity defence is or how it works. Go look it up

Leaving aside the point that proof of the condition is only available when the person dies and his brain is autopsied.

You're essentially wasting everyone's time. I am going to ignore the rest of your silly posts.
This is taken from the first link I googled.
"the prosecutor must prove that a mental disease or defect did not deprive the defendant of a meaningful understanding and intelligent comprehension of the legal or moral import of his conduct.'
I don't need to remind you that the Defense need only introduce doubt in a jury.

You have no idea what it is I know about the "insanity" defence. You also have no idea what I know to be the conditions that would constitute "insanity", psychologically or biologically. Therefore your comment is unsubstantiated nonsense.
Remember, my first post stated that Hernandez was a douche and his crimes could not be explained away by CTE.
You ignore my posts to your own ignorance. No skin off my ass.
Enjoy your bliss.
 

funfun1981

Active member
Apr 22, 2017
336
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...whomever has the most money is responsible for his death.
his lawyers are going after the money....duh!!!!!!!!!!!!
 
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