Chris Brown Should Plead Mental Disorder?

Chris Brown and Will SmithChris Brown Should Plead Mental Disorder?

 

As we all heard Chris Brown pleaded guilty to assault against Rihanna, so the question is not do Rihanna win a civil lawsuit against Chris but for how much in damages will she receive.  In criminal court you have to be found guilty beyond a reasonable doubt, while in civil court you have to be found guilty by a preponderance of evidence.  One being absolutely guilty while in civil court it is 50.11%.; he admitted to absolute guilt, why is beyond me?  Maybe he has a mental problem?

 

There are elements to a tort or in civil court a wrongful act that damages can be sought after by the injured party.

 

Rihanna has a strong case I suppose in my humble belief for a civil lawsuit for damages for both assault and battery.  Because he pleaded guilty to assault and all the evidence points to a clear case a battery in civil court and remember the level of proof is much lower than criminal court.

 

Assault:

An assault is the intentional putting of a person in reasonable apprehension of immediate harm.  It is an offer to do harm.

 

Battery:

A battery is the intended, unauthorized, and unprivileged touching of a person.  If the plaintiff provokes the battery, this can mitigate damages.

 

Problem:

How is Chris Brown going to convince the civil court where the level of evidence is a preponderance of evidence that he was provoked to batter Rihanna, when he already admitted to assault?

 

I think Chris Brown’s troubles just started, especially if he is hot headed, I mean five years of probation is not easy to complete to start with a small mistake in judgment can mean a violation.  Maybe he might be able to convince the court he is bipolar or something and is in need of medications.  He is in a bad situation anyway you look at it and a properly diagnosed mental condition might be his only way out.

 

Everyone is in agreement that he need help, the question is the level of help needed and the higher the level of help needed the better are his chance to come out of civil court with at least a wallet.

 

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Published in: on June 23, 2009 at 8:37 pm  Comments (3)  

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3 CommentsLeave a comment

  1. […] but for how much in damages will she receive. In criminal court you have to be found guilty … https://frankpaulgambino.wordpress.com/2009/06/23/chris-brown-should-plead-mental-disorder/ Daily […]

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