Could the defendant be suffering from a mental illness?
- Is the defendant displaying any symptoms of mental illness?
- Is the defendant on medication typically prescribed for a mental illness?
Has the defendant been diagnosed with a mental illness?
- Can the DSM-IV help you understand a diagnosis or hone in on a mental health issue?
- Was a psychological evaluation used to diagnose the defendant, or are there psychological evaluations related to the defendant’s mental health?
Dos the defendant meet the Oregon standards for fitness to proceed?
- Does the defendant have the decisional competency required to proceed?
- Does the defendant lack other competencies necessary to proceed?
- How can you get the case dismissed?
Did your client have the mental state (mens rea) required for a conviction?
- Can you bring in evidence under ORS 161.300 to utilize a disordered mental state strategy?
- Does the statute require that the defendant acted intentionally?
- Does the statute require that the defendant acted knowingly?
- Does the statute require that the defendant acted recklessly?
- Does the statute require that the defendant acted with criminal negligence?
- Is it a strict liability offense?
- Will the DA’s pleading affect the mental state required for the defendant to be convicted?
- What are the material elements of various offenses? That is, what are the elements for which the state is required to prove a mental state?
- Practice Tips
Can you utilize Guilty Except for Insanity (GEI) as an affirmative defense?
- Have you met the procedural requirements for utilizing GEI?
- What are the potential outcomes for the defendant if she is found GEI?
Is the case a Civil Commitment?
- Is your client being committed because she cannot fulfill her basic needs?
- Is your client being committed because she is dangerous to herself?
- Is your client being committed because she is dangerous to others?
This section of the site was written by Amanda Alvarez, in collaboration with Alex Bassos.