Tallahassee Woman Found Dancing Naked May Have Murdered Her Mother

Police believe that a woman outside of her home dancing in a state of undress may have murdered her mother. She is being held without bond and charged with murder. Police responded to a call regarding the woman, 58, who was dancing outside without any clothing on. The call was phoned in from a parked vehicle in a parking lot. According to the caller, the woman was dancing naked and attempting to get into the caller’s vehicle. According to police, they went into the woman’s apartment to get some clothing for her when they found the woman’s mother deceased and evidence of foul play. Police say that the cause of death is still undetermined and that the investigation is ongoing.

Insanity defense under Florida law

 Insanity defenses are popular on TV and in the movies, but in court, they are much less popular. They are rarely employed by defense attorneys and even more rarely work in the defendant’s favor.

An insanity defense is considered an “affirmative” defense. This is when the defendant admits that they did the crime that they are being charged with, but are not responsible under the law. For example, self-defense is also considered an affirmative defense. By contrast, a non-affirmative defense would be one where you say, “I didn’t do it.” An affirmative defense generally shifts the burden of proof to the defendant. Instead of the prosecutor having the burden of proof during the trial, the defendant would have to show using “clear and convincing evidence” that their affirmative defense is true.

When it comes to the insanity defense, the law provides that all individuals facing criminal charges are “sane.” It is an affirmative defense to criminal charges to claim that you were not sane during the commission of a crime. The question then becomes: how do you establish insanity? Insanity is established by:

• Proving the defendant had a mental infirmity, disease, or defect; and
• Because of that condition, the defendant
  • Did not know what he or she was doing or its consequences; or
  • Although the defendant knew what he or she was doing and its consequences, the defendant did not know that what he or she was doing was wrong.

Insanity versus incompetence to stand trial

 To stand trial, a defendant must understand the nature of the charges against them and participate in their own defense. The court can determine that the individual is not competent to stand trial. This is very different from an insanity defense. The proceedings of the trial would be stalled until the defendant was stabilized to the point where they could understand the nature of the charges against them and participate in their own defense. An insanity defense, on the other hand, is a defense that you present at trial to be determined by a jury.

Talk to a Tallahassee Criminal Defense Lawyer Today 

Luke Newman, P.A. represents the interests of those who have been charged with crimes in Tallahassee. Call our Tallahassee criminal lawyers today to schedule an appointment, and we can begin preparing your defense right away.

Source:

tallahassee.com/story/news/local/2024/03/07/tallahassee-police-say-hartsfield-way-death-is-a-homicide-1-arrested/72878822007/