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

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25

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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

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54 significantly further

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56 necessary to further

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58 drugs medically appropriate

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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

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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

Title 17-A: MAINE CRIMINAL CODE

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