Why Arizona’s Insanity Defense is One of the Toughest to Prove in the Nation
Arizona’s insanity defense is one of the toughest to prove in the United States. The harshness of the defense provoked legal challenges in past years. Opponents claimed it failed to meet basic standards of fairness. The obstacles associated with the defense were challenged in 2006 in the case of Clark v. Arizona. The case reached […]
Is Mental Illness a Defense for DUI in Arizona?
We are sometimes asked if mental illness is a defense for DUI in Arizona. As with any other crime, issues of mental competency may be raised in drunk driving cases. An underlying mental health issue can also be presented by a defense attorney as a mitigating factor during sentencing for a drunk driving offense. The […]
Is there a Link Between Schizophrenia and Violent Crime?
Schizophrenia is a serious mental illness. Some academics link schizophrenia to violent crime. Research suggests a failure to properly treat the disorder can lead to a deterioration that may result in violence. Schizophrenia is a chronic brain disorder that affects under one percent of the U.S. population, according to the American Psychiatric Association. Active symptoms of the […]
Court Rules a Judge Can Order Arizona to Develop a Prison Staffing Plan to Meet Mental Health Needs
It’s no secret that mentally ill people require greater attention and care than other inmates in Arizona and elsewhere. Mental health advocates believe this means more prison workers are required to meet the unique needs of mentally ill inmates in prisons. The prison system in Arizona has fought demands for greater staffing. However, at the […]
What Should you Do when a Mentally Ill person is in Crisis?
When a mentally ill person is in crisis, the scenario is traumatic for the whole family. The crisis may result in the arrest of your mentally ill family member but this is not always the case. A crisis can also lead to self-harm. Certain actions by a family member can help diffuse a difficult situation. […]
How Often is the Insanity Defense Used?
The insanity defense has been used in some high profile cases. However, it is used sparingly in Arizona and elsewhere in the United States. According to a PBS report, the insanity defense is used in just 1 percent of felony cases and it is successful in less than a quarter of the cases it is […]
How does Maricopa County Jail House Mentally Ill Inmates?
Conditions for mentally ill inmates are grim in many jails across the country. However, jails in Maricopa County have been singled out for criticism in recent years. Writing in Arizona Capitol Times in 2018, Eric Balaban, a senior staff counsel with the National Prison Project of the American Civil Liberties Union, described terrible conditions for […]
Can a Mentally Ill Person be Held by Police Without Arrest?
Typically, a mentally ill defendant who is arrested in Arizona is taken into custody by the police, processed into jail, and then promptly charged with a crime before a judge. The police cannot hold a mentally ill person indefinitely without arrest. However, Arizona law allows the authorities to hold a mentally ill person against his […]
Arizona U.S. Marshal Killing Highlights Gaps in Mental Health Safety Net
The criminal justice and mental health services in Arizona often fail to help people with psychological problems until it’s too late. Recently, police said they struggled to deal with death threats from a man accused of killing a deputy U.S. marshal. Ryan Schlesinger is the suspect in the killing of 41-year-old Chase White last November. […]
Restoration to Competency Cases Remain Controversial in Arizona
Restoration to Competency, or RTC, is a process in which a judge decides whether a person with mental disabilities is fit to face trial. The deliberations associated with restoration to competency help the courts make a crucial decision. When a defendant is deemed competent, he or she can face incarceration and even the death penalty. […]