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Psychiatric Assistance For Indigent Defendants Pleading Insanity: The Michigan Experience, Paul Zisla
Psychiatric Assistance For Indigent Defendants Pleading Insanity: The Michigan Experience, Paul Zisla
University of Michigan Journal of Law Reform
The federal government and many states already provide psychiatric assistance to indigent defendants pleading insanity. Michigan's statutory scheme for delivering this service presents an opportunity to evaluate an approach that generally favors defendant interests in areas left unresolved by Ake. This Note undertakes that evaluation. Part I summarizes the Ake decision, key problem areas, and the research methodology. Part II describes the Michigan statutory system. Part III evaluates that system using data from interviews with legal and psychiatric practitioners and considers the consequences of Michigan's approach to the issues posed by Ake. The evaluation shows that Michigan's system …
Ford V. Wainwright, Statutory Changes And A New Test For Sanity: You Can't Execute Me, I'M Crazy, Steven J. Huff
Ford V. Wainwright, Statutory Changes And A New Test For Sanity: You Can't Execute Me, I'M Crazy, Steven J. Huff
Cleveland State Law Review
In Ford v. Wainwright, the Supreme Court addressed the issue of whether the Eighth Amendment prohibits the execution of an insane inmate. In answering this query, the Court created a constitutional right not to be executed while incompetent. However, the Ford decision is not only important for its creation of a "new" constitutional right, it also has the potential of nullifying several state statutes in regards to the due process requirements of hearings addressing the issue of insanity at the time of execution. The Ford decision also requires that a new test of sanity be created the test of whether …