LEGAL INSANITY AND THE FEDERAL COURTS - DOES THE NINTH CIRCUIT GUIDE OR CONFUSE

• NCJ Number: 19764
• Journal: FEDERAL BAR JOURNAL Volume: 33 Issue: 4 Dated: (FALL 1974) Pages: 305-321
• Author(s): D P Curnow
• Date Published: 1974
• Length: 17 pages
• Corporate Author: US Dept of Justice
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE AUTHOR CONTENDS THAT NINTH CIRCUIT APPELLATE JUDICIAL DECISIONS IN THE AREAS OF LEGAL INSANITY, MENTAL COMPETENCE, AND CRIMINAL LAW HAVE CLOUDED THE ISSUES AND SET FORTH UNWORKABLE RULES FOR APPLYING THESE CONCEPTS.

Abstract

DECISIONS OF THE COURT OF APPEALS FOR THE NINTH CIRCUIT WHICH RELATE TO DETERMINING THE DEFENDANT'S COMPETENCE TO STAND TRIAL, THE TRIAL BURDENS WITH AN INSANITY DEFENSE, AND THE SCOPE OF THE TESTIMONY OF GOVERNMENT AND DEFENSE PSYCHIATRISTS ARE CITED TO SUPPORT THIS ARGUMENT. SUGGESTIONS ARE OFFERED FOR REDEFINING COURT GUIDELINES IN THESE AREAS.