What is the M’Naghten Rule – the Basis of Insanity Defenses?
The M’Naghten Rule is the basis of insanity defenses in the United Kingdom and the United States. It was established by the British House of Lords in the mid-19th Century. The rule is a test of whether the person accused of a crime was sane when the act was committed and criminally responsible for what […]
Can Dementia Trigger Incompetency to Stand Trial in Arizona?
The recent case of an Arizona man with Alzheimer’s who said he robbed a credit union because he could not afford to live on his social security check, raises questions of whether dementia can trigger incompetency to stand trial in Arizona. A report in Tucson.com noted Robert Francis Krebs told FBI agents that he didn’t […]
What has to be Proved to Use Arizona’s Insanity Defense?
Arizona’s insanity defense is not used often and it can be difficult to sustain. The defense is also known as guilty except insane (GEI). The defendant must show clear and convincing evidence that he or she was suffering from a serious mental defect that meant the defendant could not acknowledge the wrongfulness of the crime. […]
Autism and How Can It Affect Your Competency to Stand Trial
Autism is one of the fastest-growing developmental disorders in the United States. Some studies suggest diagnosis rates are rising by over 10 percent a year. Autism spectrum disorders can be very severe. People with autism may struggle to understand basic concepts and to communicate. It can be difficult to gain employment with autism. These considerable […]
People with Developmental Delays May Lose Out in the Criminal Justice System
Developmental delays or developmental disabilities can be caused by a range of conditions. The courts are a blunt instrument when it comes to dealing with people with these disorders. People with developmental delays may lose out in the criminal justice system. Developmental delays are first diagnosed in childhood. A child may struggle to speak or […]
Can a Lawyer Insist on an Insanity Defense Against a Client’s Wishes?
The question of whether a lawyer can insist on an insanity defense against a client’s wishes was recently examined in a case heard before the U.S. Circuit Court of Appeals. Earlier this year, a three-judge panel of the 9th U.S. Circuit Court of Appeals ruled a lawyer cannot insist on an insanity defense against a […]
Celebrating Our Client’s Success
One of the most satisfying experiences a defense attorney can have is seeing a client receive the care he needs and put his case behind him without spending time in prison. Today I celebrate the success of D.B., a client of mine who has recently successfully completed probation. D.B. came to me with several charges […]
Appeals Court Rules Arizona Man Had a Right to Reject an Insanity Plea
When a man who said he was haunted by demons repeatedly stabbed his cellmate in Arizona, an insanity defense probably seemed like the natural way to proceed. However, in a recent ruling, a three-judge panel of the 9th U.S. Circuit Court of Appeals ruled the defendant’s attorney violated his Sixth Amendment rights by entering the […]
How Effective is Rule 11 in Arizona Criminal Cases?
Rule 11 in Arizona can be used when a defendant is suspected of being mentally incompetent. The hearing is granted when there is substantial evidence of mental incompetence. Doctors make the decision on the competency of the accused to stand trial. There is some debate about how effective Rule 11 is in Arizona. The high […]
Man Accused of Tucson Killing Had a History of Mental Illness
People who are charged with serious crimes of violence sometimes have a past of mental illness. Police said a man accused of killing a woman in Tucson earlier this year had a long history of psychiatric disorders. A report in Tuscon.com said the man implicated in the death of a 61-year-old woman struggled with mental […]