Michael Cardoza: Sexual Assault and Mental Incapacitation

October 11, 2014 Leave a Comment

A 13 year-old girl was sexually assaulted on a public bus by a man with Down’s syndrome. Michael Cardoza addresses Calif. Penal Code section 26 that says that persons who are mentally incapacitated cannot commit crimes unless the crime is punishable by death. How full an investigation must the police do before they are allowed to make such a determination? Are the parents or guardian of the prep liable for his crimes?

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