Mental...

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?

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This section of the site was written by Amanda Alvarez, in collaboration with Alex Bassos.