Crimlaw - Mental Disease Or Defect

Front 1

Two categories of mental incompetence

Back 1

1. Competency to Stand Trial
2. Mental Responsibility for a crime (Insanity)

Front 2

Test for competency to stand trial

Back 2

1. Due to mental diseases or defect
2. Defendant does not have the capacity to understand the proceedings against him or her or the ability to assist in his or her defense.

Front 3

Who may raise the issue of competency

Back 3

Any officer of the court who suspects the defendant is incompetent MUST raise the issue of competency.

Front 4

General Competency Procedures

Back 4

1. When raised, the trial will be suspended until the defendant is competent
2. If incompetence occurs after trial begins, the suspension will start then.
3. If incompetence occurs after the verdict but before sentencing, the sentencing will be held in abeyance
4. If a return to competency seem unlikely or lengthy, charges may be dismissed without prejudice.

Front 5

Amnesia as incompetence?

Back 5

Amnesia does not constitute mental incompetence to stand trial.

Front 6

Result if defendant is found no competent to stand trial

Back 6

1. Indefinite commitment solely on account of incompetence to stand trial violates equal protection and due process.
2. In Texas, commitment to criminal mental institution only occurs if crime was violent.
3. Duration of commitment cannot exceed maximum confinement for crime charged.

Front 7

Majority Test for insanity

Back 7

M'Naghten rule aka right-wrong test, cognitive test
1. At the time of the conduct in question
2. Due to a mental disease or defect
4. Defendant did not know his conduct was wrong

Front 8

Minority Test for insanity

Back 8

Volitional rule aka MPC test. Texas rule for juveniles
1. At the time of the conduct in question
2. As a result of mental illness or mental retardation
3. Lacked substantial capacity to either:
a. appreciate the wrongfulness of their conduct, or,
b. to conform their conduct to the requirements of law.

Front 9

What qualifies as a mental defect/disease of the mind

Back 9

1. No clear an comprehensive determination of what type of mental disease or defect is required to satisfy the test.
2. Psychosis, neurosis, organic brain disorder, PTSD, postpartum psychosis, neurotoxin exposure may all qualify

Front 10

What does NOT qualify as a mental defect/disease

Back 10

Bodily demand for drugs during withdrawal, voluntary intoxication, anger, hatred, revenge, PMS, psychopathic personality, XYY syndrome, genetic determinism, pathological gambling disorder.

Front 11

Result if defendant is found not guilty by reason of insanity.

Back 11

1. Usually followed by a commitment to a mental institution.
2. In Texas, this is to a criminal mental institution if the crime was violent.
3. Duration of commitment cannot exceed maximum confinement for charged offense.
4. If the crime was not violent and the defendant is not otherwise dangerous, use civil commitment procedures.

Front 12

Burden of Proof in insanity

Back 12

1. Burden is on defendant to both raise and carry the burden of proof by preponderance of the evidence. (Federal Courts require clear and convincing evidence)
2. Defendant entitled to a state-financed psychiatric evaluation anytime he or she demonstrates this could be a significant factor.
3. Defendant is not entitled to private psychiatric evaluation financed by the state
4. Defense counsel is not permitted to be present during evaluation.

Front 13

Permissible verdicts where mental responsibility is at issue

Back 13

1. Guilty
2. Not Guilty
3. Not Guilty by reason of insanity
4. In some Jx: Guilty, but mentally ill (not insane at time of crime; not incompetent to stand trial, but nevertheless, mentally ill at time of verdict)