We get into a critical topic that often goes unnoticed: the competency and insanity defenses in criminal law. We explore the real-world implications of these legal concepts, especially in cases involving individuals with mental health issues.

Steve begins by explaining the difference between competency and insanity, highlighting how these terms are often misunderstood. He uses real-life examples, including a poignant story from Troy about a mentally incompetent individual jailed for assault. This story sets the stage for a broader discussion on how the legal system handles such cases.

Throughout the episode, Steve provides a comprehensive breakdown of the legal standards for determining competency, referencing landmark cases like Dusky v. United States and Jackson v. Anthony. He also touches on the procedural aspects, such as filing motions for competency evaluations and the subsequent steps if a defendant is found incompetent.

In addition, the episode delves into the insanity defense, discussing its different tests and how it can be used in court. Steve shares insights from his own practice and highlights the importance of constitutional protections for all individuals, regardless of their mental state.

Whether you're a law student, a practicing attorney, or just someone interested in the intricacies of criminal law, this episode offers valuable insights and practical knowledge that you won't find in textbooks.

(00:00) Lawyer talk podcast features advice from a practicing criminal defense lawyer

(01:51) Let's address the competency stuff and how that works

(07:03) If somebody is found incompetent, what do you do? Right

(09:17) Supreme Court said you can't hold incompetent people forever

(10:21) Insanity is different than competency, but it's a jury question

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, State, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2024 Stephen E. Palmer - Attorney At Law