The Supreme Law of Ake and Smith
Insanity Defense Standards
Implementation Protpourri
Jury Instructions and Burden of Proof
Procedures of Experts
100
The laws which require that an indigent defendant be provided with access to a competent psychiatrist.
What is the Fifth or Fourteenth Amendments?
100
One of the earliest formulations of a standard for the insanity defense, this test asks if the accused “was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know it, that he did not know he was doing what was wrong.”
What is the M’Naghten Test?
100
For this to function there are three factors determined by the Supreme Court in Ake for deciding whether and under what conditions a psychiatrist must be provided including private interest, government interest, and the safeguard value vs risk of not providing an expert.
What is the adversarial system?
100
This case led to significant reform of the insanity defense, including the federal government changing the burden of proof requirement among other Federal legislation.
What is the Hinckley case?
100
The Federal Rule of Evidence that dictates regular witness's testimony about an opinion, where that opinion must be based on rational perception of the facts?
What is 701?
200
The principle in Ake that provides for an exploratory evaluation to assist the attorney in determining claims and preparing the case.
What is the Sixth Amendment’s right to effective assistance of counsel?
200
This rule was developed in 1954 and adopted in New Hampshire, sometimes called the “product test,” provides that “An accused is not criminally responsible if his unlawful act was the product of mental disease or defect.”
What is the Durham Rule?
200
A USSC case that supports the “fairness” objective of providing expert assistance for an indigent person and that the ability to subpoena a state examiner and to question that person on the stand is not in compliance with the doctrine.
What is Ake v. Oklahoma?
200
This is currently the burden of proof on the defendant for the insanity defense at the Federal level.
What is clear and convincing evidence?
200
This is the main reason for diagnostic disagreements between mental health professionals according to a study done by Ward.
What is nomenclature (different psychiatrist's calling diagnosis something differently based on overlapping symptoms)?
300
The law that drives Estelle v. Smith’s finding that (evil) Dr. Grigson’s surprise evaluation and its product used for testimony was the basis for overturning Smith’s death sentence.
What is the Fifth Amendment’s prohibition of self-incrimination?
300
This test was proposed shortly after the Durham decision and remains popular today, and Kentucky currently uses this test with only slight variation in wording. The rule reads, “A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law.”
What is the American Law Institute (ALI) test?
300
Prohibition of presenting any insanity evidence, NGRI claim allowed but prohibited from using expert testimony to support it, the only clinical evidence allowed must be based on facts that were revealed to the state’s expert as well (if partial cooperation), and allowed to present all clinical testimony but the fact finder would be advised about the refusal to cooperate with the state’s expert.
What are sanctions for refusing to cooperate with prosecutor’s expert?
300
This Supreme Court case held that an instruction on the dispositional consequences of an NGRI verdict need not be given to a jury absent misrepresentation by the prosecution because it may distract the jury from what should be considered.
What is Shannon v. United States?
300
what are the four questions (or topics) Clinical Experts help us answer?
What is (1) Normality (2) Responsibility (3) Propensity (4) Competency
400
The “other” law that was violated when (evil) Dr. Grigson performed the pre-trial evaluation of Smith who was at the Dallas County jail after indictment and appointment of an attorney.
What is the Sixth Amendment’s right to effective assistance of counsel?
400
To preclude the case of this trait meeting the “mental disease or defect” definition, the ALI test proposed this second paragraph: “As used in this Article, the terms mental disease or defect do not include an abnormality manifested only by repeated criminal or otherwise anti-social conduct.” Some but not all states have adopted this second paragraph.
What is psychopathic personality or antisocial personality disorder?
400
A rule that requires an expert who is qualified to speak on a given issue and is both a reason why and cause of changing attitudes toward mental health experts.
What is Federal Rule 702?
400
This Supreme Court case held that a state rule requiring the defendant to prove insanity beyond a reasonable doubt did not violate due process.
What is Leland v. Oregon?
400
The case that held it constitutional for two psychiatrists to testify. during a sentencing hearing, on a Defendant's potential to commit future harms on society.
What is Barefoot v. Estelle?
500
The law which the district court in Estelle v Smith declared was violated because Smith was denied the opportunity to present complete evidence of mitigating circumstances.
What is the Eighth Amendment?
500
This Supreme Court case held a wide range of insanity defense standards constitutionally sufficient, stating “It is clear that no particular formulation has evolved into a baseline for due process, and that the insanity rule, like the conceptualization of criminal offenses, is substantially open to state choice.”
What is Clark v. Arizona?
500
The part assigned to Dr. Shursen from an analogy that explained the role of a nonscientific expert according to the Appeals Court that overturned the decision in Dodson not to allow Dr Shursen’s testimony.
What is a beekeeper?
500
A study by Rita Simon found a small but statistically significant chance jurors were more likely to find a defendant insane under this test.
What is the Durham standard?
500
Stephen Morse believes experts should be limited and instead of determining the responsibility of a Defendant based on expert testimony, it should be based on...
What is moral and social grounds?
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