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The Court had recognized these two rights on competency for some time. In Dusky v.United States, 362 U.S. 402 (1960), and in Drope v. Missouri, 420 U.S. 162 (1975), the Court established the standard for competency to stand trial—the defendant must have a "rational and factual understanding" of the nature of the proceedings, and must be able to rationally assist his lawyer in defending him.
When deciding whether to evaluate a criminal defendant's competency, the court must consider any evidence suggestive of mental illness, even one factor alone in some circumstances. Therefore, the threshold for obtaining a competency evaluation is low. When the issue is raised, the motion should be granted.
The government then has a right to have the court order a psychiatric or psychological examination. If the defendant does not submit to the examination, the court may exclude any expert evidence from the defendant on the issue of the defendant’s mental disease, mental defect, or any other mental condition.
"Faretta and the Personal Defense: The Role of a Represented Defendant in Trial Tactics". California Law Review. 65 (3): 636– 685. doi:10.2307/3480027. JSTOR 3480027. Archived from the original (PDF) on January 17, 2022. Slobogin, Christopher (2009). "Mental Illness and Self-Representation: Faretta, Godinez and Edwards". Ohio State Journal of ...
Dusky v. United States, 362 U.S. 402 (1960), was a landmark United States Supreme Court case in which the Court affirmed a defendant's right to have a competency evaluation before proceeding to trial. [1] The Court outlined the basic standards for determining competency. [2]
Kahler v. Kansas, 589 U.S. ___ (2020), is a case of the United States Supreme Court in which the justices ruled that the Eighth and Fourteenth Amendments of the United States Constitution do not require that states adopt the insanity defense in criminal cases that are based on the defendant's ability to recognize right from wrong.
O'Connor v. Donaldson, 422 U.S. 563 (1975), was a landmark decision of the US Supreme Court in mental health law ruling that a state cannot constitutionally confine a non-dangerous individual who is capable of surviving safely in freedom by themselves or with the help of willing and responsible family members or friends.
Jackson v. Indiana, 406 U.S. 715 (1972), was a landmark decision of the United States Supreme Court that determined a U.S. state violated due process by involuntarily committing a criminal defendant for an indefinite period of time solely on the basis of his permanent incompetency to stand trial on the charges filed against him.