• Competency to stand trial;
• Not Guilty by Reason of Insanity NGRI
• Civil Commitment (Involuntary commitment)

• " defendent's mental State at the time of the trial"
• Due Process of Law: Right to:
• cross-examine accusers
• testify in own defense
• Can not be tried "in absentia."
• Understand Charges?
• Assist in own Defense
• Jackson vs. Indiana: treat, try, commit, or release
• "Synthetic Competence"

Wyoming Study:

• Percentage in which NGRI is raised as a defense:

legislators lay

21% 37%

• Percentage in which successful?

legislators lay

8% 16%

• Actual:
• Raised: 102/21,021 felonies
• Success: 1/ 21,021 felonies

• " defendent's mental State at the time of the trial"
• Due Process of Law: Right to:
• cross-examine accusers
• testify in own defense
• Can not be tried "in absentia."
• Understand Charges?
• Assist in own Defense
• Jackson vs. Indiania: treat, try, commit, or release
• "Synthetic Competence"

 

• Hebrew Law
• Greek
• Roman
• English Common Law
• "non compos mentis"
• (no power of mind)
• mens rea = Guilty mind/criminal intent
• Free will is presumed
• No free will ---> no Choice -->
• no mens Rea --- > no crime…
• NGRI
• no basis for punishment

• Greeks exempted as having not having free will:
• children
• Lunatics
• Animals
• Henri de Bracton (1278)

• "WILD BEAST TEST OF INSANITY
• 1954, Durham Rule: was the act a Product of mental Disease?
• 1962: American Law Institute Model Penal Code:
• Have capacity to know what they were doing? (M'Naghten), or
• unable to conform their behavior to the requirements of the law;
• as a result of mental illness.
• Guilty But Mentally Ill
• Only Mens Rea
• ALI Model Penal Code on Insanity and revised

A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he (is unable to) lacks substantial capacity to either appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law.

1984, all Federal Jurisdictions
 

• Standard of Proof:
• Preponderance of Evidence (50%)
• Clear and Convincing Evidence (75%)
• Beyond a Reasonable Doubt (99%)
• Burden of Proof
• Prosecution bears the burden:
• Prove sane
• Defense bears the burden:
• Prove insane

• Imminent Danger to self or others
• suicide
• homocide
• incindiary
• deteriorating condition (gravely disabled)
• Mentally ill
• Offer Voluntary Committment

• Summons: (Complaints) (Formal)
• Involuntary Committment Officer
• investigates complaints
• Issues summons to appear for 72 hrs. evaluation
• rights, charges, attorney
• Emergency Detention (Informal)
• Police detains person
• MHP evaluates (12 hours)
• ICO files petition to detain and appoint attorney... 72 hrs.

• Must be held within 72 hours
• Rights
• to Attorney
• remain silent
• cross examine
• to refuse Meds 24 hrs. prior
• During treatment, must have had evaluation within 24 hrs. by Licensed Mental Health Professional

• Release or Commit for 14 days if:
• Continues to present likelihood of harm to self, others, disabled
• Preponderance of evidence (51%)
• signed by physician & MHP
• give option for voluntary
• consider lesser restrictive

• release, less restrictive, voluntary
• If since in custody
• threatened, attempted or inflicted harm, or
• Substantial Danger to property
• likelihood of harm to self or others
• gravely disabled
• Clear and Convincing (75%)
• 90 day commitment

• Hearing each 180- days
• Rights to treatment
• Rights to refuse treatment