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