NCJ Number
57090
Journal
Law and Psychology Review Volume: 3 Dated: (FALL 1977) Pages: 115-134
Date Published
1977
Length
20 pages
Annotation
PROBLEMS ENCOUNTERED BY INDIGENT DEFENDANTS IN RAISING THE INSANITY DEFENSE IN ALABAMA COURTS ARE DISCUSSED.
Abstract
THE SUCCESS OF AN INSANITY DEFENSE RESTS LARGELY ON THE AMOUNT AND KINDS OF EVIDENCE PRESENTED TO THE JURY, THE TESTIMONY OF WITNESSES, AND THE AVAILABILITY OF EXPERTS AND INVESTIGATORS TO AID IN PREPARATION AND PRESENTATION OF THE CASE. IN ALABAMA, ONLY LIMITED ASSISTANCE IS AVAILABLE TO INDIGENT DEFENDANTS WHO REQUIRE BUT CANNOT AFFORD THE ASSISTANCE OF PSYCHIARTRISTS AND PSYCHOLOGISTS IN ASSESSING AN INSANITY DEFENSE. THE NATURE OF THE ASSISTANCE THAT IS AVAILABLE GENERALLY IS SUCH THAT THE FATE OF THE DEFENDANT IS IN THE HANDS OF STATE EXPERTS. IN FEDERAL COURT, AFTER A DEFENDANT PRESENTS SOME EVIDENCE TO REBUT THE PRESUMPTION OF SANITY, THE PROSECUTOR MUST PROVE THAT THE DEFENDANT WAS MENTALLY CAPABLE OF COMMITTING THE CRIME. BUT IN ALABAMA, THE DEFENDANT SHOULDERS THROUGHOUT THE TRIAL THE BURDEN OF PROVING THAT HE OR SHE WAS INSANE WHEN THE CRIME WAS COMMITTED. THE ALABAMA REQUIREMENT THAT A DEFENDANT WHO RAISES THE INSANITY DEFENSE MUST PROVE LACK OF NECESSARY INTENT RAISES CONSTITUTIONAL QUESTIONS AND IMPOSES A SPECIAL BURDEN ON THE INDIGENT, WHO IS PRESUMED CAPABLE OF FORMING REQUISITE INTENT FOR THE CRIME BUT IS DENIED ACCESS TO THE MOST EFFECTIVE MEANS OF REBUTTING THAT PRESUMPTION--THE TESTIMONY OF EXPERT WITNESSES. WITHOUT SPECIAL ASSISTANCE, LAWYERS FOR INDIGENT CLIENTS CANNOT PRESENT EFFECTIVE INSANITY DEFENSES; I.E., THEY CANNOT PROVIDE THE EFFECTIVE ASSISTANCE OF COUNSEL REQUIRED BY THE SIXTH AMENDMENT AND BY PRINCIPLES OF FUNDAMENTAL FAIRNESS. RECTIFYING THE SITUATION WILL BE COSTLY, BUT THE PRICE MUST BE PAID IF JUSTICE IS TO BE EXTENDED TO THOSE WHO CANNOT PRESENTLY AFFORD IT. (LKM)