Mental health issues

• Pages: 389-402
• Author: Thomas J. Farrell,Brandon D. Minde

MENTAL HEALTH ISSUES

13-1

CHAPTER 13

MENTAL HEALTH ISSUES

I. COMPETENCY

§13:01 The Standard for Competency

§13:02 Conducting Your Own Evaluation

§13:03 Whether to Raise Your Client’s Incompetence

§13:04 Providing a Witness to the Client’s Competency

§13:05 Requesting a Court-Ordered Evaluation

§13:06 The Court Evaluation and Hearing

§13:07 Commitment for Treatment

§13:08 Forced Medication of Your Client

II. INSANITY

§13:10 The Definition of Insanity

§13:11 Whether to Risk an Insanity Defense

§13:12 Providing Notice of an Insanity Defense

§13:13 Guilty But Mentally Ill

§13:14 Post-Verdict Considerations

III. OTHER MENTAL HEALTH DEFENSES

§13:20 Negating Mens Rea

§13:21 Retardation or Other Illness

§13:22 Establishing Relevancy of Mental Illness Evidence

IV. MENTAL HEALTH COURT

§13:30 The Mental Health Court Procedure

§13:31 Qualifying for a Mental Health Court

§13:32 Whether to Seek a Mental Health Court

V. PROSECUTION’S PSYCHIATRIC EXAMINATION

§13:40 Waiver of the Privilege Against Self-Incrimination Allows a Prosecution Examination

§13:41 Rights After Abandonment of a Mental State Defense

§13:42 Rights During the Psychiatric Examination

§13:43 Limiting the Scope of the Prosecution’s Psychiatric Examination

§13:44 Limiting the Use of the Prosecution’s Psychiatric Examination

§13:45 Limiting the Prosecution’s Access to the Psychiatric Examination

VI. FORMS

Form 13-1 Motion for Appointment of Psychologist

Form 13-2 Notice of Insanity Defense