JESSE EVANS & THERESA SCHIEFER COBB JUDICIAL CIRCUIT

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Transcription:

JESSE EVANS & THERESA SCHIEFER COBB JUDICIAL CIRCUIT

OBJECTIVE Strengthen your case By gaining a better understanding mental health issues in pretrial, guilt-innocence, and sentencing phases of capital cases

JULY 16, 2012

MEDICAL EXAMINER

NOTE

THE NOTE (2)

DEFENDANT CLEANED UP, SMOKED, CALLED 911

DEFENDANT S STATEMENT Mental illness

DEFENDANT S STATEMENT Why kill her?

DEFENDANT S STATEMENT How long? Imminent threat?

SO YOU THINK YOU KNOW CRAZY

THE MATRIX

TOPICS 1. 2. 3.

COMPETENCY (17-7-129)

COMPETENCY (17-7-129)

COMPETENCY (17-7-129)

COMPETENCY (17-7-129)

COMPETENCY (17-7-129)

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

COMPETENCY PROCEEDINGS

COMPETENCY STANDARD (PJC 3.90.10-20) 1. Whether the accused is capable of understanding the nature and object of the proceedings;

COMPETENCY STANDARD (PJC 3.90.10-20) 1. Whether the accused is capable of understanding the nature and object of the proceedings;

COMPETENCY STANDARD (PJC 3.90.10-20) 1. Whether the accused is capable of understanding the nature and object of the proceedings;

COMPETENCY STANDARD (PJC 3.90.10-20) 1. Whether the accused is capable of understanding the nature and object of the proceedings;

2. Whether the accused comprehends his own condition in reference to the proceedings against him;

2. Whether the accused comprehends his own condition in reference to the proceedings against him;

3. Whether the accused is capable of rendering to counsel assistance in preparing a proper defense.

3. Whether the accused is capable of rendering to counsel assistance in preparing a proper defense.

3. Whether the accused is capable of rendering to counsel assistance in preparing a proper defense.

3. Whether the accused is capable of rendering to counsel assistance in preparing a proper defense.

JURY INSTRUCTIONS (PJC 3.90.10)

JURY INSTRUCTIONS (PJC 3.90.20)

JURY INSTRUCTIONS (PJC 3.90.30)

JURY INSTRUCTIONS (PJC 3.90.30)

REMEDY

RESTORATION

RESTORATION

TEST FORCED MEDS FOR RESTORATION

TEST FORCED MEDS FOR RESTORATION 1. Important Interests

significantly further

necessary to further

drugs medically appropriate

State v. Warren

State v. Warren

Rule 704

Rule 704

b) No expert witness Rule 704

Rule 704 testifying with respect to the mental state or condition of an accused

Rule 704 in a criminal proceeding

Rule 704 shall state an opinion as to whether he did or did not have the mental state constituting an element of the crime

Rule 704 OR of a defense thereto

Rule 704 Such ultimate issues are matters for the trier of fact alone

REMEDY

INSANITY PROCEEDINGS

INSANITY PROCEEDINGS

INSANITY STANDARDS 1. Right v. Wrong Test 2. Delusional Compulsion Test

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;

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;

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;

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 3.80.30)

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 3.80.30)

DELUSIONAL COMPULSION CONSIDERATIONS

DELUSIONAL COMPULSION CONSIDERATIONS

FIVE LEGAL OPTIONS (17-7-129 / 3.80.10)

REMEDIES

REMEDIES

REMEDIES

STATE V. DAMIAN MCELRATH

Rule 704

b) No expert witness Rule 704

Rule 704 testifying with respect to the mental state or condition of an accused

Rule 704 in a criminal proceeding

Rule 704 shall state an opinion as to whether he did or did not have the mental state constituting an element of the crime

Rule 704 OR of a defense thereto

Rule 704 Such ultimate issues are matters for the trier of fact alone

Rule 704(b) - Application

Rule 704(b) - Application

STATE V. DAMIAN MCELRATH

Jesse James Warren (hypothetical)

Damian McElrath (hypothetical)

PRACTICAL CONSIDERATIONS

PRACTICAL CONSIDERATIONS

PART II MENTAL HEALTH IN THE SENTENCING PHASE

Sentencing Phase

WHAT CAN BE RAISED?

What Can Be Raised?

WHY WILL THEY RAISE IT?

WHAT WILL THEY RAISE?

Know It

Types of Mental Health Defenses

Mood Disorders

Mood Disorders, cont.

Psychotic Disorders

Psychotic Disorders, cont.

Structural Abnormality

Intellectual Disability

Pattern Charge 3.80.50

Miscellaneous

Take Aways