Reference no: EM133730380

Question: You are a lawyer in a high-priced criminal defense firm. You get a call from a man who just was arrested for attempting to kill his wife and is using his one phone call to reach out to you.

Here are the facts you have from this phone call:

Your potential client, Mack, was diagnosed with serious depression one year ago and has been taking antidepressants and seeing a counselor.

His wife, Carrie, does not like him taking the antidepressants because he lost interest in her and seems "flat". She also doesn''t like him talking to the counselor, an attractive younger woman.

Mack claims that Carrie replaced his antidepressants with another drug. He says the police have evidence of this. The other drug is Ambien, often used as a sleeping aid. Mack usually takes his antidepressants at night; that day, however, he had forgotten the night before so he took the pill in the morning.

After taking the drug, Mack was working in his home office as he does most days when he heard screaming. He suddenly realized he was stabbing Carrie with a knife in the kitchen. He stopped and called 911. He does not remember leaving his desk or stabbing his wife.

The evening before, Carrie told Mack that she is having an affair with his brother, who has always been the favored child and enjoys mocking Mack at every opportunity. Mack told you that it made him "very very angry" but claims he never considered hurting his wife.

You practice law in whatever state you currently live in. What defenses are available to Mack? What additional facts could you add to the scenario to make a specific defense more successful? For example, would it help an insanity defense if a psychiatrist were to examine him and find that he actually has schizophrenia?

Use statutes and caselaw to support your ideas.