Comment on Can a person who is representing his or herself still play the insanity defense or EED defense?
Zeppo@sh.itjust.works 3 days ago
A person who is severely mentally ill may be barred from representing themselves if they would not be able to do a competent job.
See floridabar.org/…/court-amends-rule-dealing-with-t…
My thoughts on that is tbh at if a defendant was coherently and effectively serving as their own attorney in court, that would indicate to the court that they are not severely mentally ill. Or if they produced evidence like expert testimony saying they were, it could disqualify them from self representing.
trxxruraxvr@lemmy.world 3 days ago
You really can’t say that. Psychoses come and go, people with severe mental illness can be completely normal one day and delusional the other.
Zeppo@sh.itjust.works 3 days ago
I guess it depends what the court wants to believe, which could be based on case law/precedent or expert testimony.