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View Diary: No Fifth Amendment for Aurora Shooter - Judge Approves 'Narcoanalytic Interview' Using 'Truth Serum' (182 comments)

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  •  Any idea of the case law on insanity defense (1+ / 0-)
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    Aspe4

    cases where the Defendant will not cooperate with a psychiatrist examining them?

    •  After Doing Some Cursory Research I Didn't (1+ / 0-)
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      LakeSuperior

      find anything where the defendant's non-cooperation was an issue. However, this manual states that some state's have statutes that the defendant waives his insanity defense if he doesn't cooperate with the psychiatrist. Not sure if anyone has challenged these statutes but since the burden to prove insanity rests with the defendant (affirmative defense) I'm sure courts would uphold such laws.

      http://books.google.com/...

      "The problem with posting quotes off the Internet is you never know if they're genuine."--Gen. George Washington at the Battle of Gettysburg, February 30, 1908

      by Aspe4 on Thu Mar 14, 2013 at 12:28:48 PM PDT

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