Blog

Competence to Stand Trial

Cooper v. Oklahoma (1996) Question: Does it violate the Due Process clause for states to presume competence unless it is proven by clear and convincing evidence? Holding: Yes; the stringent standard is "incompatible with the dictates of due process," and criminal...

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Criminal Responsibility

Ake v. Oklahoma (1983) Question: In capital cases, does the Fourteenth Amendment require the government to provide the necessary psychiatric assistance to prepare an effective insanity defense? Holding: Yes; when a defendant has put forth that sanity will be an issue...

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Civil Commitment/Involuntary Treatment

Addington v. Texas (1978) Question: Is “beyond a reasonable doubt” the proper standard of proof for involuntary commitment to a mental health facility? Holding: No; a "clear and convincing" standard of proof is required by the Fourteenth Amendment in a civil...

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Testing/Diagnoses/Assessment

Hall v. Florida Question: Is it a violation of the Eighth Amendment to execute those with borderline intellectual functioning? Holding: Florida's threshold requirement, as interpreted by the Florida Supreme Court, that defendants show an IQ test score of 70 or below...

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Rules and Criminal Procedure

Daubert v. Merrell Dow (1993) Question: What is the standard for admissibility of expert testimony?  Holding: 1. Whether the expert’s technique or theory can be or has been tested; 2. Whether the technique or theory has been subject to peer review and...

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Other Criminal Competencies

Colorado v. Connelly (1986) Question: What constitutes a “voluntary, knowing, and intelligent” waiver of one’s Miranda rights? Should the state have to prove voluntary waiver of Miranda rights by “clear and convincing evidence?” Holding: Coercive police activity is a...

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Juvenile Court

Graham v. Florida (2009) Question: Does imposition of life without parole for a juvenile convicted of a non-homicidal offense violate the Eighth Amendment? Holding: Yes; the Eighth Amendment does not permit a juvenile offender to be sentenced to LWOP for a...

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Death Penalty

Atkins v. Virginia (2002) Question: Does administration of the death penalty against individuals with mental retardation constitute cruel and unusual punishment (as prohibited by the Eighth Amendment)? Holding: Yes; all punishments are excessive if they are not...

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Duty to Protect

Brady v. Hopper (1984) Question: Are mental health professionals liable for their patients’ behaviors when there are no foreseeable victims or actual threats of violence? Holding: No; there was no duty on the part of a third person where the patient had made general...

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Other

State v. Goff (2010) Question: Is it a violation of a defendant's Fifth Amendment right for a trial court to compel a defendant to submit to a psychiatric evaluation by a prosecution expert in response to the defense of Battered-Woman Syndrome?  Holding: The...

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