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Panetti v. Quarterman, 551 U.S. 930 (2007), is a decision by the Supreme Court of the United States, ruling that criminal defendants sentenced to death may not be executed if they do not understand the reason for their imminent execution, and that once the state has set an execution date death-row inmates may litigate their competency to be executed in habeas corpus proceedings. [1]
However, there must be a formal institutional hearing, the prisoner must be found to be dangerous to himself or others, the prisoner must be diagnosed with a serious mental illness, and the mental health care professional must state that the medication prescribed is in the prisoner's best interest. 14th 1992 Riggins v. Nevada
United States federal laws governing offenders with mental diseases or defects (18 U.S.C. §§ 4241–4248) provide for the evaluation and handling of defendants who are suspected of having mental diseases or defects. The laws were completely revamped by the Insanity Defense Reform Act in the wake of the John Hinckley Jr. verdict.
Every year just over 5% of all felony defendants, over 60,000 people are evaluated for competency to stand trial(CST). Of those evaluated, only around 11-30% are deemed incompetent. [9] Competency to stand trial depends only on the defendants current mental state and is entirely separate from their mental state at the time of the crime.
Rogers v. Okin was a landmark case in which the United States Court of Appeals for the First Circuit considered whether a person diagnosed with mental illness committed to a state psychiatric facility and assumed to be competent, has the right to make treatment decisions in non-emergency conditions.
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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.
What’s the Texas law behind mutual combat? The statute is in the Texas Penal Code section 22.06. It boils down to this : Someone charged with assault can point to the victim’s consent to fight ...