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J Am Acad Psychiatry Law 34:4:545-548 (2006)
Copyright © 2006 by the American Academy of Psychiatry and the Law.
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ANALYSIS AND COMMENTARY

Clark v. Arizona: Diminishing the Right of Mentally Ill Individuals to a Full and Fair Defense

Hal Wortzel, MD and Jeffrey Metzner, MD

Dr. Wortzel is Instructor/Fellow with VISN19 MIRECC, Denver Veterans Medical Center, Denver, CO. He is also Instructor/Fellow
Dr. Metzner is Clinical Professor of Psychiatry, University of Colorado School of Medicine, Denver, CO. Address correspondence to: Hal S. Wortzel, MD, CPH Room 2508, 4200 East 9th Avenue C268-25, Denver, CO 80262. E-mail: hal.wortzel{at}uchsc.edu

In Clark v. Arizona, the U.S. Supreme Court was faced with two main questions: Does Arizona’s insanity defense statute, with its abridged M’Naughten standard, violate the Fourteenth Amendment? And does Arizona case law, with its complete prohibition on the use of mental disease or defect evidence to combat required mens rea elements of a crime, violate due process? In a six–three decision, the Court answered both of these questions in the negative.




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J. L. Knoll IV and P. J. Resnick
Insanity Defense Evaluations: Toward a Model for Evidence-Based Practice
Brief. Treat. Crisis Interven., February 1, 2008; 8(1): 92 - 110.
[Abstract] [Full Text] [PDF]




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