Homicide Mental Health
Homicide Mental Health
Homicide Mental Health
CRAZY!
SMI
Seriously Mentally Ill:
Not a diagnosis
Designation that qualifies a person for extra services
Mental illness plus functional impairment
Document behavior
Does defendant appear to be under influence
Try to get blood testing
Interview as much as possible (even if acting odd)
Defendant’s statements and behaviors at the time
of the incident and leading up to the incident
COMPETENCY TO STAND TRIAL
Factual and rational understanding of the charges and ability to assist attorney
LOW STANDARD
MENTAL ILLNESS ≠ INCOMPETENCY
- must be in writing
- must be supported by attorney’s written
motion AND competent evidence.
is
An illegal defense
State v. Mott, 187 Ariz. 536, 931 P.2d 1046
(1997)
Clark v. Arizona, 548 U.S. 735 (2006)
STATE V. CHRISTENSEN
*** “…the parties have not addressed whether the defense can introduce mental
disease evidence to corroborate behavioral-tendency evidence when the
prosecution challenges the latter. We leave that issue for a future case.”
GUILTY EXCEPT INSANE
Can have a doctor appointed to look into this issue, however, try Faretta
first!
AMNESIA