Does Pleading Insanity Result in a Defendant's Loss of Fifth and Sixth Amendment Rights in Powell v. Texas?

• NCJ Number: 123490
• Journal: Criminal Justice Journal Volume: 11 Issue: 2 Dated: (Spring 1989) Pages: 449-467
• Author(s): D N Caligiuri
• Date Published: 1989
• Length: 18 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

Insanity pleas are examined to determine the extent to which such a plea waives a defendant's right to protection against the use of sanity evidence in sentencing proceedings. Rules regarding psychiatric evaluations and the use of their results in trials are discussed.

Abstract

An outline of Powell v. State is provided to demonstrate the effect of the use of insanity pleas in sentencing hearings to establish future dangerousness. If the defendant pleas insanity as a defense and presents that evidence during the guilt phase of the trial, he or she waives the right against self-incrimination. Waiver becomes problematic when there are issues as to voluntariness of the waiver, proper notice, and right to counsel. Finally, an argument is made that the Supreme Court must definitively outline the effect of the insanity defense on the defendant's fifth and sixth amendment rights, and the court should limit psychiatric examinations to the determination of sanity at the time of the offense. 115 footnotes.