Arizona does not recognize a diminished capacity defense due to the holding in State v.
Mott and Clark v. Arizona. In Mott, the Court established a rule that expert psychological
testimony is not admissible to show that the defendant lacked the capacity to form mens rea (a
diminished capacity finding), unless it fits within a defense enumerated in the legislature such as
insanity. This “Mott rule” was later reaffirmed in Clark v. Arizona, which held that states can limit
expert testimony about mental illness to only the guilty except insane (insanity) defense, rather
than using it to disprove the defendant’s mens rea/intent. The court further explained that this
was not a constitutional violation because due process does not require any particular insanity
formulation and that the M’naghten test the court used satisfies constitutional minimums.
After the rulings in Clark and Mott, the “guilty except insane” (GEI) defense, also
sometimes known as the “insanity defense,” became more prevalent. A guilty except insane
defense is an affirmative defense that says the defendant was suffering from a mental illness at
the time of the offense that was so severe, that they (the defendant), did not understand what
they were doing was wrong. It is statutorily defined under ARS-13-502, and says “a defendant
may be found guilty except insane if at the time of the offense, they ‘had a mental disease or
defect of such severity that the person did not know their criminal act was wrong.’” It must be
proven by clear and convincing evidence.
If a defendant is found guilty except insane, their sentence becomes suspended and
they will be placed under jurisdiction of the superior court. The defendant will then also be
committed to a secure state mental health facility under the department of health services for
the length of the sentence they would have received without the insanity defense.
An experienced advocate is essential to navigate this complex process. Attorney
Bernardo Garcia, with over 35 years of expertise in GEI cases across Arizona, provides
comprehensive support to secure appropriate treatment and care. If you or a loved one faces
criminal charges involving mental health issues, contact his Phoenix law firm at 602-340-1999
for immediate assistance, available 24/7, to guide you from courtroom to treatment and beyond.
Sources:
https://rideoutlaw.com/the-insanity-defense-guilty-except-insane-a-r-s-13-502/
https://www.oyez.org/cases/2005/05-5966
https://www.azleg.gov/ars/13/00502.htm
https://law.justia.com/cases/arizona/supreme-court/1997/cr-95-0274-pr-2.html