NCJ Number
86348
Date Published
1979
Length
269 pages
Annotation
Prepared for a seminar on mental illness and criminal law, this document contains papers on the mental illness defense and competency to stand trial from the perspectives of judges, the defense attorney, the prosecutor, and a psychiatrist. The emphasis is on Minnesota law, but Federal cases are also cited.
Abstract
The first presentation on the defendant's competency provides annotated citations of Minnesota, Federal and foreign cases on competency to stand trial and capacity at the time of commission of the crime. Minnesota and Federal cases on disposition of the mentally ill or incompetent defendant are summarized. It also explains criminal law, Rule 20 governing competency to proceed, and the insanity defense in Minnesota practice. A defense attorney provides checklists for preparing the mental illness defense which cover recognizing the defense, competency, alternatives to trial, bifurcated trial versus nonbifurcated trial, the trial, and cross examination of the prosecution's expert witness. A prosecutor initially emphasizes the importance of a working knowledge of psychiatric terms and concepts and then offers guidelines on selecting expert witnesses, deciding whether to contest the claim of insanity, marshaling the evidence, jury selection, direct and cross-examination of witnesses, and the rebuttal. An attorney from the Hennepin County (Minnesota) Attorney's Office discusses Rule 20 and its links with the State Hospitalization and Commitment Act. A discussion of problems occurring when psychiatrists are asked to participate in criminal proceedings addresses the effects of Minnesota's procedural rules on the psychiatric examination and disposition of defendants found not guilty by reason of mental illness or deficiency. The final presentation from the trial judge's point of view consists of a lecture outline and pretrial and trial instructions given to jurors. Footnotes and references accompany most papers.