Treece Part 1'

1
Treece Part 1.

• Clear Guilty and Insane (guilt but not
  punishment)
• Notes big problem (See Jones) If win insanity may
  loose war of freedom- prove negative to get
  released.
• Therefore defendants decision
• But must be (1) competent and(2) truly voluntary
  decision to withdraw NCR plea.

2
Treece Part 2

• Guilty but Insane two separate issues
• Two separate- opposite burden of persuasions.
• Inconsistent defenses
• Therefore bifurcate

3
Rule 4-314 bifurcation

• File motion 15 days before trial.
• Defendant gets bifurcation with ease.
• State has to show compelling reason to bifurcate.
• Same jury guilt and insanity continuous trial in
  two stages.
• Plead Guilty then Insanity trial
• Jury trial Guilt- Judge Trial Insanity

4
Rule 4-314 unitary trial

• 1. State on Guilt and Insanity
• 2. Defendant on Guilt and Insanity
• 3.State rebut on Guilt (may mention Insanity)
• 4. Defense on Insanity