New AZ Supreme Court Ruling On Insanity Defense

18July
2017

A new Supreme Court Ruling was decided earlier this month that says a defendant pleading insanity and voluntarily undergoing a mental health exam must provide the results to the prosecutor of the case.

The ruling also states that the defendant with a mental health defense must include a statement about their impending charges. The prosecutors are not allowed to use this statement to prove guilt but they are able to use this statement to rebut the defendant’s insanity claims.

The new ruling calls into question whether requiring disclosure¬†violates the defendants’ Fifth Amendment rights against self-incrimination. But the ruling released by the Supreme Court states that no rights are violated by this decision. This is because defendants claiming insanity have waived their protection against self-incrimination.

The ruling was issued in the case of Josh Rasmussen awaiting trial in a 2013 Glendale homicide case. The decision was unanimous.

What Does This Mean For Others With A Mental Health Defense?

Claiming to be insane during the time that you committed a crime is not always an easy thing to do. In claiming that, you are saying that you did, in fact, commit the crime. But you are also trying to prove that you were not in your right mind when the crime happened and that you’d like to get treatment rather than be incarcerated. It’s not a get out of jail free card and it’s not taken lightly.

Now, with this new ruling, you must give all records from you mental health exams to the prosecutor of your trial. If you are mentally ill, the records will show that. If you have a good mental health defense attorney on your side this will only help your case. Contact us if you need an expert on your side.

Photo by Phil Roeder

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