Difference of Guilty Except Insane
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 psychologicaltestimony is not admissible to show that the defendant lacked the capacity to form mens rea (adiminished capacity finding), unless it fits within a defense enumerated in […]
Life After a Guilty Except Insane (GEI) Verdict in Arizona
What Is a GEI Verdict? A Guilty Except Insane (GEI) verdict in Arizona, under A.R.S. §13-502, means the court has determined that a defendant, due to a severe mental disease or defect, did not understand the wrongfulness of their actions at the time of the offense. This affirmative defense differs from a standard guilty conviction, […]
Pima County Mental Health Legal Procedures
Exploring the Guilty Except Insane Plea in Pima County When individuals with conditions like Autism Spectrum Disorder or schizophrenia face criminal charges in Pima County, their legal team may pursue a Guilty Except Insane (GEI) plea under Arizona law (A.R.S. §13-502). This defense acknowledges the act but demonstrates that a severe mental disease or defect […]
Understanding Arizona’s Sentencing Process
Arizona’s sentencing process can seem complex to those unfamiliar with it. Here’s how it typically unfolds: after a guilty plea, the prosecution and defense present arguments to the judge regarding an appropriate sentence. In certain cases, the defense may submit a sentencing memorandum—a detailed document advocating for leniency. This includes information about the defendant’s background, […]
Rule 11: Checking Mental Fitness in Maricopa County Courts
When someone’s mental health raises red flags in Arizona’s criminal justice system, Maricopa County turns to a process called Rule 11. It’s all about figuring out if a defendant is mentally fit to stand trial—if they can’t grasp what’s happening or help their lawyer, the court steps in. How Rule 11 Works Arizona law kicks […]
Guilty Except Insane: How Maricopa County Handles Mental Illness in Court
When mental illness mixes with crime in Arizona, the legal system takes a sharp turn. Maricopa County courts use a rare tool called the “Guilty Except Insane” (GEI) verdict. Unlike most states that stick to traditional insanity defenses, Arizona’s approach stands out. What Makes Arizona Different? Under state law (A.R.S. § 13-502), GEI isn’t an […]
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 […]
Arizona has Strict Porn and Child Molestation Laws
Arizona has some of the strictest porn and child molestation laws in the nation. Both offenses are felonies. People who are convicted of offenses against minors often spend decades in prison with no prospect of release. Arizona child pornography laws are set out under a very broad statute. Child pornography, also known as sexual exploitation […]
Schizophrenic said “Voices in his Head” Caused Him to Kill His Wife
On occasions, we hear of sad cases in which a schizophrenic defendant says voices in his or her head led to a violent act. Although this is a relatively rare occurrence, many schizophrenics say they experience these inner voices. Earlier this year, a 72-year-old man from Scottsdale in Arizona claimed voices in his head told […]
Will You be Charged with a Federal Drug Crime if You Have Mental Illness in Arizona?
Many drug crimes are dealt with by the federal authorities. When the accused is dealt with in a federal court he or she often faces more severe treatment and longer prison time. If you have a mental illness in Arizona, you can face a federal drug crime. Drug crimes fall under either state or federal […]