» Entries tagged with "rule 8"

To Plead or Not to Plead?

In Arizona, mentally ill defendants tend go down one of two different paths. Neither path is very appealing, as the system simply isn’t equipped to deal with people suffering from serious mental illness. The first path involves Arizona’s defense of “guilty except insane.” I have never practiced in another state, but I can’t imagine a tougher, more restrictive approach to dealing with defendants whose actions were a result of their mental illness. To get a finding of guilty except insane, the defendant’s problem must be “severe” and prevent him from discerning right from wrong. We aren’t talking about your normal severe mental illness either. Anything that’s momentary, temporary, or arising from the pressure of the circumstances doesn’t count. Neither does moral decadence, depravity, or passion growing out … Read entire article »

Filed under: Clients, Procedural Rules

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