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Criminal Trials and Mental Disorders$
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Thomas Hafemeister

Print publication date: 2019

Print ISBN-13: 9781479804856

Published to NYU Press Scholarship Online: September 2019

DOI: 10.18574/nyu/9781479804856.001.0001

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Procedural Aspects of Insanity Defense Determinations

Procedural Aspects of Insanity Defense Determinations

(p.269) 10 Procedural Aspects of Insanity Defense Determinations
Criminal Trials and Mental Disorders

Thomas L. Hafemeister

NYU Press

Chapter 10 addresses the trial-related procedures used to evaluate an insanity defense, with the USSC generally having left it to the states to decide for themselves what procedures to employ. Although they often share some common features, the states have also adopted—like the numerous variations in their insanity tests—different procedures for generating related forensic mental health evaluations, reflecting the widespread uncertainty and disagreement over how to handle these cases. This chapter describes some of these procedures and the controversies associated with them.

Keywords:   insanity defense trials, criminal trial procedures, state variations, forensic mental health evaluations

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