The New Hampshire and Durham tests. It is an affirmative defense to a prosecution under any Federal statute that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. Diminished capacity defense. Involuntary intoxication ii. Idiosyncratic intoxication iii.
Delirium tremens iv.
States are obligated to give indigent defendants a fair opportunity to prepare their defenses. Just as the state must provide an indigent defendant with an attorney, where the need for psychiatric evaluation is obvious and the defendant cannot afford a psychiatrist, the state must provide access to an independent expert. The Role of Psychiatrists in the Legal System A. Forensic evaluations 1. Client is the attorney, court agency, etc. No criminal evaluations until defendant has had an opportunity to meet with attorney 2.