Competence to Refuse an Insanity Defense

Journal of the American Academy of Psychiatry and the Law

article

William Frizzell¹  Karl Mobbs¹ 

[1] Department of Psychiatry Oregon Health and Science University Portland

关键词: insanity defense;    refusal of insanity defense;    competency;    Sixth Amendment;   

DOI  :  10.29158/JAAPL.200045L1-20

学科分类：儿科学

来源: American Academy of Psychiatry The Law

【 摘 要 】

insanity defenserefusal of insanity defensecompetencySixth AmendmentNinth Circuit Rules It Is a Violation of the Sixth Amendment for Counsel to Present an Insanity Defense Against the Will of the DefendantIn United States v. Read, 918 F.3d 712 (9th Cir. 2019), the U.S. Court of Appeals for the Ninth Circuit considered whether the district court committed a reversible error by permitting defense counsel to present a defense of insanity despite the defendant's clear rejection of that defense. The Ninth Circuit ruled that the district court committed a reversible error and reversed the judgment and remanded his case to the lower court.

【 授权许可】

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