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

We answer a question about criminal sentencing and the impact of prison conditions on defendants.

Steve addresses is the consideration of personal history in sentencing. Many defendants and their families wonder if being a first-time offender, a charitable person, or a devoted family member will influence the judge's decision.

According to Steve, while these factors do matter, they often don't carry as much weight as people hope. "It's usually that it's already there and it's baked in and it becomes part of the case," he explains. The reality is that prosecutors and judges are generally aware of a defendant's background, and this information is often factored into the initial charges and plea deals.

Another significant point Steve discusses is the harsh reality of prison life. He emphasizes that both judges and prosecutors are aware that "prison sucks," but it's his job to ensure they fully grasp the impact a prison sentence can have on someone's life.

From missing crucial years with family to the psychological toll, Steve paints a vivid picture of why it's essential to consider these factors during sentencing. "When a prosecutor gets a little bit cliche or flip about a prison sentence, I'm like, hold on a second. That's a long time," he asserts.

Steve also sheds light on the differences between federal and State prison systems. In federal court, there are more opportunities for negotiating where a defendant will serve their sentence. This can make a significant difference, especially for elderly or disabled defendants.

Additionally, the concept of compassionate release, which gained prominence during the COVID-19 pandemic, offers a glimmer of hope for those who are severely ill or facing extenuating circumstances.

Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!

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

One of the key takeaways from this discussion is the importance of creating a solid appellate record. In Law School, students are taught to process, learn, and deal with massive amounts of information.

However, the practical application of this knowledge in real-world scenarios often requires a different approach.

Everything done in a legal case should be calculated with future moves in mind, akin to playing three-dimensional chess. This strategic thinking ensures that even if a motion is lost, the groundwork is laid for a strong appeal.

The episode also highlights the recent change of venue case involving Brian Kohberger, which serves as a perfect example of meticulous legal strategy. The defense filed a 320-page motion for a change of venue, supported by four experts who provided statistical analysis and sociological studies. This comprehensive approach not only helped win the motion but also created a robust record for any potential appeals.

Real-world application of law often involves going beyond the obvious arguments and presenting concrete evidence to support your case. Another crucial aspect discussed is the role of experts in legal cases. While it might seem unnecessary to have experts State the obvious, their testimony can provide the court with the concrete terms needed to make informed decisions.

In the Kohberger case, experts helped quantify the potential prejudice in the original venue, making it clear that a fair trial would be difficult to achieve. This level of detail is often what sways judicial decisions and ensures that justice is served. The episode wraps up with a discussion on the financial aspects of legal defense, particularly for indigent clients.

Ensuring a fair trial often involves significant expenses for experts and investigators. However, the legal system must provide these resources to maintain the integrity of the judicial process.

This conversation underscores the importance of understanding the practicalities of legal defense and the need for adequate funding to ensure justice for all.

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