JESSE EVANS & THERESA SCHIEFER COBB JUDICIAL CIRCUIT
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1 JESSE EVANS & THERESA SCHIEFER COBB JUDICIAL CIRCUIT
2 OBJECTIVE Strengthen your case By gaining a better understanding mental health issues in pretrial, guilt-innocence, and sentencing phases of capital cases
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10 JULY 16, 2012
11 MEDICAL EXAMINER
12
13 NOTE
14 THE NOTE (2)
15 DEFENDANT CLEANED UP, SMOKED, CALLED 911
16
17 DEFENDANT S STATEMENT Mental illness
18 DEFENDANT S STATEMENT Why kill her?
19 DEFENDANT S STATEMENT How long? Imminent threat?
20
21 SO YOU THINK YOU KNOW CRAZY
22 THE MATRIX
23 TOPICS
24
25
26
27 COMPETENCY ( )
28 COMPETENCY ( )
29 COMPETENCY ( )
30 COMPETENCY ( )
31 COMPETENCY ( )
32 COMPETENCY PROCEEDINGS Defendant must file a special plea The special plea triggers access to the report & Defendant Bench trial, unless jury requested This is a civil trial Ultimate Issue? Rule 704
33 COMPETENCY PROCEEDINGS
34 COMPETENCY STANDARD (PJC ) 1. Whether the accused is capable of understanding the nature and object of the proceedings;
35 COMPETENCY STANDARD (PJC ) 1. Whether the accused is capable of understanding the nature and object of the proceedings;
36 COMPETENCY STANDARD (PJC ) 1. Whether the accused is capable of understanding the nature and object of the proceedings;
37 COMPETENCY STANDARD (PJC ) 1. Whether the accused is capable of understanding the nature and object of the proceedings;
38 2. Whether the accused comprehends his own condition in reference to the proceedings against him;
39 2. Whether the accused comprehends his own condition in reference to the proceedings against him;
40 3. Whether the accused is capable of rendering to counsel assistance in preparing a proper defense.
41 3. Whether the accused is capable of rendering to counsel assistance in preparing a proper defense.
42 3. Whether the accused is capable of rendering to counsel assistance in preparing a proper defense.
43 3. Whether the accused is capable of rendering to counsel assistance in preparing a proper defense.
44 JURY INSTRUCTIONS (PJC )
45 JURY INSTRUCTIONS (PJC )
46 JURY INSTRUCTIONS (PJC )
47 JURY INSTRUCTIONS (PJC )
48 REMEDY
49 RESTORATION
50 RESTORATION
51 TEST FORCED MEDS FOR RESTORATION
52 TEST FORCED MEDS FOR RESTORATION 1. Important Interests
53
54 significantly further
55
56 necessary to further
57
58 drugs medically appropriate
59
60 State v. Warren
61 State v. Warren
62 Rule 704
63 Rule 704
64 b) No expert witness Rule 704
65 Rule 704 testifying with respect to the mental state or condition of an accused
66 Rule 704 in a criminal proceeding
67 Rule 704 shall state an opinion as to whether he did or did not have the mental state constituting an element of the crime
68 Rule 704 OR of a defense thereto
69 Rule 704 Such ultimate issues are matters for the trier of fact alone
70 REMEDY
71
72
73 INSANITY PROCEEDINGS
74 INSANITY PROCEEDINGS
75 INSANITY STANDARDS 1. Right v. Wrong Test 2. Delusional Compulsion Test
76 INSANITY STANDARDS 1. Right v. Wrong Test (16-3-2) Whether or not the accused had the mental capacity to distinguish between right from wrong in relation to the alleged acts;
77 INSANITY STANDARDS 1. Right v. Wrong Test (16-3-2) Whether or not the accused had the mental capacity to distinguish between right from wrong in relation to the alleged acts;
78 INSANITY STANDARDS 1. Right v. Wrong Test (16-3-2) Whether or not the accused had the mental capacity to distinguish between right from wrong in relation to the alleged acts;
79 2. Delusional Compulsion Test Whether or not the presence of a delusional compulsion overmastered his will to resist committing the alleged act (16-3-3) Which, if true, would have justified the act (PJC )
80 2. Delusional Compulsion Test Whether or not the presence of a delusional compulsion overmastered his will to resist committing the alleged act (16-3-3) Which, if true, would have justified the act (PJC )
81 DELUSIONAL COMPULSION CONSIDERATIONS
82 DELUSIONAL COMPULSION CONSIDERATIONS
83 FIVE LEGAL OPTIONS ( / )
84 REMEDIES
85 REMEDIES
86 REMEDIES
87 STATE V. DAMIAN MCELRATH
88 Rule 704
89 b) No expert witness Rule 704
90 Rule 704 testifying with respect to the mental state or condition of an accused
91 Rule 704 in a criminal proceeding
92 Rule 704 shall state an opinion as to whether he did or did not have the mental state constituting an element of the crime
93 Rule 704 OR of a defense thereto
94 Rule 704 Such ultimate issues are matters for the trier of fact alone
95 Rule 704(b) - Application
96 Rule 704(b) - Application
97 STATE V. DAMIAN MCELRATH
98
99
100
101 Jesse James Warren (hypothetical)
102 Damian McElrath (hypothetical)
103 PRACTICAL CONSIDERATIONS
104 PRACTICAL CONSIDERATIONS
105 PART II MENTAL HEALTH IN THE SENTENCING PHASE
106 Sentencing Phase
107 WHAT CAN BE RAISED?
108 What Can Be Raised?
109 WHY WILL THEY RAISE IT?
110 WHAT WILL THEY RAISE?
111 Know It
112 Types of Mental Health Defenses
113 Mood Disorders
114 Mood Disorders, cont.
115 Psychotic Disorders
116 Psychotic Disorders, cont.
117 Structural Abnormality
118 Intellectual Disability
119 Pattern Charge
120 Miscellaneous
121 Take Aways
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