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Full-Text Articles in Law
The Insanity Of The Mens Rea Model: Due Process And The Abolition Of The Insanity Defense, Jean K. Gilles Phillips, Rebecca E. Woodman
The Insanity Of The Mens Rea Model: Due Process And The Abolition Of The Insanity Defense, Jean K. Gilles Phillips, Rebecca E. Woodman
Pace Law Review
No abstract provided.
Whose Right Is It Anyway?: Rethinking Competency To Stand Trial In Light Of The Synthetically Sane Insanity Defendant, Linda C. Fentiman
Whose Right Is It Anyway?: Rethinking Competency To Stand Trial In Light Of The Synthetically Sane Insanity Defendant, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
This article's thesis is that given the magnitude of the insanity defendant's fundamental constitutional liberties--his constitutional right to present and conduct his defense, his privilege against self-incrimination, his constitutional right to privacy and bodily integrity, and his common law right to give informed consent to medical treatment--the state's interest in assuring the defendant's competency must give way if he chooses to waive his right to be tried while competent. Most, if not all, of the purposes of the prohibition against trying an incompetent defendant can be met even if the defendant is tried without psychotropic medication as long as he …
"Guilty But Mentally Ill": The Real Verdict Is Guilty, Linda C. Fentiman
"Guilty But Mentally Ill": The Real Verdict Is Guilty, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
This article will first explore the reasons for the controversy over the insanity defense to provide insights, both historical and contemporary, into the purposes and functions of that defense. A brief examination will be made of judicial decisions in the last twenty years, which have largely, but not completely, eliminated the distinctions drawn historically between the "civilly" and "criminally" mentally ill. The article will then examine the growing numbers of "Guilty But Mentally Ill" (GBMI) laws, with some emphasis upon the Michigan statute as the archetypal GBMI law. It will be argued that the GBMI laws are fatally flawed in …