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Psychiatric and Mental Health Commons™
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Articles 1 - 3 of 3
Full-Text Articles in Psychiatric and Mental Health
Barred By Their Brains: Inmates With Traumatic Brain Injury (Tbi), Claire Mikita
Barred By Their Brains: Inmates With Traumatic Brain Injury (Tbi), Claire Mikita
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
The Effects Of Mental Illness On Capital Sentencing In The State Of Oregon, Mirtill E. Csikos
The Effects Of Mental Illness On Capital Sentencing In The State Of Oregon, Mirtill E. Csikos
University Honors Theses
There is emerging awareness on the potential arbitrariness and unconstitutionality of executing persons with mental illness. Most states with current death penalty laws have little to no protection for severely mentally ill defendants during capital trials. The present paper looked at the effectiveness of sentencing statutes serving the purpose of protecting defendants with severe mental illness in the state of Oregon. Through a careful meta-analysis this research focused on determining how mental illness plays into death penalty decisions and if Oregon’s Guilty Except for Insanity defense provides sufficient protection. Furthermore, the question of mental illness as a mitigating factor was …
When Mental Health Meets “The One-Armed Man” Defense: How Courts Should Deal With Mccoy Defendants, Farid Seyyedi
When Mental Health Meets “The One-Armed Man” Defense: How Courts Should Deal With Mccoy Defendants, Farid Seyyedi
St. Mary's Journal on Legal Malpractice & Ethics
The Supreme Court’s opinion in McCoy v. Louisiana held that a defendant has a constitutional right to insist their attorney not concede guilt as to any element of an offense, even if doing so is the only reasonable trial strategy to give the defendant a chance at life imprisonment instead of the death penalty. Under McCoy’s holding, a defendant can insist on maintaining their innocence—even in the face of overwhelming evidence—and force their attorney to pursue a defense that will land them on death row. The Supreme Court’s holding makes clear that a strategic concession of guilt at trial—over …