Organization, Administration, and Cost of Mental Health Expert Assistance Provided to Indigent Criminal Defendants in Virginia

• NCJ Number: 115062
• Author(s): I Keilitz; N Winchester; S Eppes
• Date Published: 1986
• Length: 93 pages
• Corporate Author: National Ctr for State Courts
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This report examines the Supreme Court's decision in Ake v Oklahoma (1985) which held that indigent criminal defendants have a constitutional right to free psychiatric assistance to aid in their defense if sanity is seriously at issue and reviews how such assistance is provided in two Virginia jurisdictions.

Abstract

In Ake, the Court rejected the argument that free psychiatric aid to indigent defendants would be a staggering financial burden, but left to the States the decision on how to implement this right. This monograph summaries the Ake decision, relevant Virginia Code provisions, and Virginia case law relating to mental health expert assistance. A 1985 study of the Thirteenth Judicial Circuit serving Richmond and the Twenty-Second Judicial Circuit serving Danville provides data for a discussion of Virginia's experiences. The authors note that disagreement is likely to focus on procedural and practical issues involved in providing free mental health expert assistance. Specific recommendations for improving the organization, administration, and costs of mental health expert assistance to indigents are presented.