Admissibility of Mental State Evidence Without an Insanity Defense

Journal of the American Academy of Psychiatry and the Law

article

Meagan McKenna¹  Jacob Chavez¹ 

[1] Forensic Psychology Department Direct Care and Treatment Forensic Services MN Department of Human Services St. Peter

关键词: insanity;    mental state evidence;    self-defense;    admissibility;    expert testimony;   

DOI  :  10.29158/JAAPL.220020-21

学科分类：儿科学

来源: American Academy of Psychiatry The Law

【 摘 要 】

insanitymental state evidenceself-defenseadmissibilityexpert testimonyColorado Supreme Court Rules That Evidence of a Criminal Defendant’s Mental Illness May Be Introduced in Absence of Insanity Plea in Some CasesIn People v. Moore, 485 P.3d 1088 (Colo. 2021), the Colorado Supreme Court ruled that the trial court erred in permitting a defendant who had not entered an insanity plea to introduce evidence probative of insanity. But evidence of less-severe mental illness may be admissible, absent an insanity plea, if it otherwise conforms to the statutory requirements and the rules of evidence. The state supreme court ruled that lower court judges should distinguish between the two.

【 授权许可】

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