UNITED STATES V. KRISTIANSEN
901 F.2d 1463 (1990)
NATURE OF THE CASE: Kristiansen (D) appealed an order which convicted him for escaping
from a halfway house facility on charges brought by the government pursuant to 18 U.S.C.S.
751(a).
FACTS: Kristiansen (D) was in a halfway house prior to his release from confinement. One
day, he called the halfway house and told them that he was ill and could not return that
night. Subsequently, he was told to return and the authorities would help him get treatment.
He failed to do so, and was arrested in front of his wife's house and charged with escape
from custody. D claimed he was not guilty because he lacked, by reason of mental disease or
defect, the willful intent to escape. The defense expert, Dr. Knowles, diagnosed D as a
cocaine addict and testified that Kristiansen had indicated that he was under the influence
of cocaine at the time he failed to return. D wanted to ask Dr. Knowles: 'Dr. Knowles, do
you have an opinion whether at the time of the commission of the alleged offense in this
case, the defendant's judgment was so severely impaired as to render him incapable of
appreciating the nature, quality and wrongfulness of his act?' The court did not allow this
question. The defense was allowed to ask, however, 'Doctor, could the severe mental disease
or defect that you have testified with regard to, could that affect the ability of an
individual to appreciate the nature or the quality or the wrongfulness of his acts?' One of
D's witnesses was questioned as to whether D was 'legally accountable' for his actions. The
witness answered that he was. Two expert witnesses for P testified that D had a history of
drug abuse but both concluded that he was not delusional. The jury found D guilty of escape.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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