Limitations on the Use of Evidence From Evaluations of Competence to Stand Trial in the Penalty Phase
Center for Health Policy and Research; Department of Psychiatry
Mental Competency; Forensic Psychiatry; Criminal Law
Criminal Law | Evidence | Law and Psychology | Psychiatry | Psychiatry and Psychology
The Florida Supreme Court overturned a defendant's death sentence and remanded the case for a new penalty phase in Caraballo v. State, 39 So. 3d 1234 (Fla. 2010). At issue was the penalty phase, during which the state used the testimony of a mental health expert who had evaluated the defendant's competence to stand trial. The defendant appealed, asserting that the trial court erred in admitting this testimony.
Anumba, N.M., & Appelbaum, K.L. (2012). Limitations on use of competence to stand trial evidence in penalty phase. Journal of the American Academy of Psychiatry and Law, 40(3), 426-429. Link to article on publisher's website
Journal of the American Academy of Psychiatry and Law
Anumba, Natalie M. and Appelbaum, Kenneth L., "Limitations on the Use of Evidence From Evaluations of Competence to Stand Trial in the Penalty Phase" (2012). Center for Health Policy and Research (CHPR) Publications. 82.