Incompetence of Insanity of Defendant

Question 1

Insanity as a Defense

Answer 1

Insanity is an affirmative defense that DEFENDANT has burden of proving by CLEAR & CONVINCING evidence

• defendant must notify ct within 15 days after arraignment or filing of a written not guilty plea of his intention to rely on an insanity defense and a stmt of the nature of the insanity and list of witness whom he expects will prove his insanity
• court must order defendant examined
• court retains jurisdiction over committed defendants

Question 2

Incompetence to Proceed or be Sentenced

Answer 2

to be competent, a defendant must be able to consult with his lawyer and understand the proceedings against him.

Procedure: any time before hearing ct can order a hearing to determine D’s mental condition
- if D not confined = ct may order him held pending determination
- defendant can be examined by up to 3 expert & both sides can be at examination
- after 5 year for felonies / 1 year for misdemeanors, eventual competence is unlikely and D cannot be involuntarily committed, charges must be dropped without prejudice

Question 3

Intellectual Disability as Bar to Imposition of Death Penalty

Answer 3

Death sentence may not be imposed on a defendant with an intellectual disability

in 1st degree cases where death penalty has not been waived, defendant may file a written motion raising intellectual disability as a bar to execution.
- if ct finds defendant is mentally disabled, ct enters order prohibiting imposition of death penalty. state has 30 days to appeal.