Can mental illness be used as a defense for misdemeanor shoplifting?

Full question:

can I use mental illness or defect for misdemenor shop lifting. I have Two mental diseases

  • Category: Criminal
  • Date:
  • State: Tennessee

Answer:

To use mental illness as a defense for misdemeanor shoplifting, you must prove that at the time of the crime, you could not distinguish right from wrong or could not control your actions due to a severe mental defect or illness. This proof typically requires expert testimony. It's important to note that kleptomania is not classified as insanity under the law. Generally, individuals are held responsible for their actions unless a complete lack of control can be clearly established.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

When someone has two mental health diagnoses, it is often referred to as having comorbid conditions or comorbidity. This means that two distinct mental health disorders are present simultaneously, which can complicate treatment and management.