Evidence of qualifying mental disorder admissible as to intent
Source:
Section 161.300 — Evidence of qualifying mental disorder admissible as to intent, https://www.oregonlegislature.gov/bills_laws/ors/ors161.html.
Notes of Decisions
Although defendant was entitled under this section to introduce evidence of partial responsibility, court was not required to instruct jury on partial responsibility doctrine where general instruction was given on elements of crime charged. State v. Booth, 30 Or App 351, 567 P2d 559 (1977), aff’d 284 Or 615, 588 P2d 614 (1978)
Instruction concerning defense of mental disease or defect, which had effect of placing burden of proof of entire defense on defendant, was erroneous. State v. Umscheid, 31 Or App 1249, 572 P2d 362 (1977)
The defendant raising the defense of mental disease or defect was not entitled to a bifurcated trial, with separate factfinders on the issues of guilt and responsibility, in order to preserve his privilege against self-incrimination and right to a fair trial. State ex rel Johnson v. Dale, 277 Or 359, 560 P2d 650 (1977)
Under this section, partial responsibility defense is available whether or not crime charged includes lesser offense; if lesser offense is available, successful partial responsibility defense may reduce crime to lesser offense; if there is no lesser included offense, successful partial responsibility defense will result in acquittal. State v. Booth, 284 Or 615, 588 P2d 614 (1978)
Court did not err in excluding “partial responsibility” evidence, under this section, when evidence was in fact admitted to prove insanity. State v. Francis, 284 Or 621, 588 P2d 611 (1978)
Where defendant, convicted of murder, requested instruction on “partial responsibility” defense as to ORS 163.118 or 163.125 (manslaughter), proof of intent was not required for conviction of lesser included manslaughter offenses and requested instruction was properly refused. State v. Armstrong, 38 Or App 219, 589 P2d 1174 (1979), Sup Ct review denied
Partial responsibility defense is available for crimes having “knowing” mental state as required element. State v. Smith, 154 Or App 37, 960 P2d 877 (1998)
“Intent which is an element of the crime” includes mental state of recklessness. State v. Nebert, 244 Or App 80, 260 P3d 559 (2011)
For purposes of this section, transitory, episodic, drug-induced psychosis is personality disorder, not mental disease or defect. State v. Folks, 290 Or App 94, 414 P3d 468 (2018), Sup Ct review denied
Law Review Citations
51 OLR 475, 477, 478 (1972); 13 WLJ 347 (1977); 14 WLJ 313 (1978); 29 WLR 829 (1993)
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