NCJ Number
6984
Journal
American Criminal Law Review Volume: 10 Issue: 3 Dated: (SPRING 1972) Pages: 505-531
Date Published
1972
Length
27 pages
Annotation
THE ETHICAL PROBLEMS ENCOUNTERED BY DEFENSE COUNSEL WHEN REPRESENTING A CRIMINAL DEFENDANT IN AN INSANITY CASE ARE EXAMINED.
Abstract
THE INADEQUACIES AND INJUSTICES INHERENT IN THE EXISTING JUDICIAL SCHEME DESIGNED TO DEAL WITH MENTALLY ILL CRIMINAL DEFENDANTS HAVE PLACED A HEAVY BURDEN ON THE SHOULDERS OF DEFENSE COUNSEL. THIS ARTICLE TAKES THE POSITION THAT UNDER THE PRESENT STATE OF THE LAW A DEFENSE COUNSEL IN AN INSANITY CASE MAY BE REQUIRED TO SUBVERT OR TOTALLY IGNORE THE LAW, MAY BE COMPELLED TO VIOLATE HIS OBLIGATIONS AS AN OFFICER OF THE COURT, AND MAY EVEN FIND IT NECESSARY TO BREACH HIS ETHICAL AND PROFESSIONAL OBLIGATIONS TO HIS CLIENT IN ORDER TO ACHIEVE THE RESULT WHICH IS IN THE BEST INTEREST OF HIS CLIENT. IT EXAMINES THE ETHICAL PROBLEMS WHICH CONFRONT COUNSEL WHEN HE IS CALLED UPON TO MAKE VARIOUS FUNDAMENTAL DECISIONS DURING THE COURSE OF AN INSANITY CASE. SUCH DECISIONS RANGE FROM THESE CONCERNING WHETHER OR NOT TO RAISE THE ISSUE OF A CLIENT'S COMPETENCY TO STAND TRIAL TO THOSE DEALING WITH WHETHER TO PROCEED TO TRIAL WITH AN INCOMPETENT CLIENT, AND IF SO, WHETHER TO RELY ON THE DEFENSE OF INSANITY AT TRIAL OR TO CONCENTRATE EFFORT ON PLEA BARGAINING.