 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Steelman9/13/1978
1 L.Ed. 1654 (1947). We do not agree. We do not find sufficient evidence to compel the trial court to find that Steelman's act in contacting the officers on the 10th and the later statements were the result of any previously suppressed statements. We believe the statements made after 11:15 on 10 November were properly admitted as being separate and independent statements and not derivative of any prior involuntary statements.
PROPRIETY OF THE M'NAGHTEN TEST
Both the defense and the State presented extensive testimony at the trial in regard to Steelman's mental condition. Although there was sharp disagreement as to whether Steelman was, in fact, insane, all did agree that he suffered from one form or another of a personality disorder and most agreed that Steelman suffered from some
form of volitional defect. That is, that he was incapable of controlling his actions. The trial court, following Arizona case law, ruled that the only question before the jury was whether Steelman knew the nature and quality of his action at the crucial time or whether he could distinguish right and wrong. This is the M'Naghten test and it has been repeatedly sustained as the sole test of sanity in criminal cases in Arizona. See State v. Schantz, 98 Ariz. 200, 403 P.2d 521 (1965), cert. den. 382 U.S. 1015, 86 S.Ct. 628, 15 L.Ed.2d 530 (1966); State v. Richardson, 110 Ariz. 48, 514 P.2d 1236 (1973), cert. den. 415 U.S. 929, 94 S.Ct. 1439, 39 L.Ed.2d 487 (1974).
Both at trial and on appeal, however, Steelman challenges this test. He makes three claims in regard to the propriety of the M'Naghten test: (a) that the legislature intended another test by its enactment of A.R.S. § 13-135 which absolves lunatics from criminal responsibility; (b) that to punish him when it is clear that he is mentally ill is to punish him for his status and not for his conduct; and (c) that to apply the M'Naghten rule to him is a violation of his rights to due process and equal protection under the Fourteenth Amendment to the United States Constitution.
a. Whether lunacy is another form of insanity
Steelman first contends that his disorder comes within the "legal" definition of lunacy and thus he should be excused from liability under A.R.S. § 13-135 which provides that:
" ll persons are capable of committing crimes except:
"2. Idiots, lunatics and insane persons."
We have recently considered this question in a case wherein the defendant urged that A.R.S. § 13-135 guaranteed him the right to interpose a distinct defense of lunacy. We stated:
"* * * We are of the opinion that for purposes of the question of criminal responsibility, there is no legal difference between insanity and lunacy.
"We therefore hold that there is no distinct defense of lunacy in this state differing from the defense of insanity. Since in this case the appellant was determined to be legally sane, the trial court acted properly in denying his motion to interpose a lunacy defense." State v. Billhymer, 114 Ariz. 390, 392, 561 P.2d 311, 313 (1977).
The test under A.R.S. § 13-135 is whether he knew the nature and quality of his action or whether he could distinguish right from wrong at the time of the commission of the offense. This question was properly presented to the jury. There was no error.
b. Whether the conviction is based on defendant's illness
On the basis of the psychiatrist's testimony that Steelman's inability to control his
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Arizona DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|