Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

McNair v. State

A mentally ill defendant may make admissions under Rule 801(e)(2)(A), which says that a criminal defendant's own statements, when being offered against him, are not hearsay.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
AFFIRMED

This case involves an interesting intellectual question: If a defendant is mentally ill, is it possible for that defendant to make a statement against interest or a party opponent admission? Statements against interest and party opponent admissions are generally held admissible as exceptions to the hearsay rule because of the perceived trustworthiness of such statements which stems from the rationalization that people do not say things against their own interest unless they are true. This in turn raises the additional questions of (1) what degree of insanity is involved, and (2) who determines that question?

Experts frequently are at odds on the question of insanity and its degree as applied to a particular defendant. For this reason, these issues ultimately are determined by the fact finder when the defense of not guilty by reason of insanity is raised. However, the venerable laws of evidence cannot be shut down merely because a defendant claims he is insane and has an expert testify. A trial court’s ruling regarding the admissibility of evidence cannot await the outcome of the jury’s determination regarding the sanity of the defendant. The rules of evidence are not applied differently when an insanity defense is raised. Clearly, insanity is a mixed question of law and fact that must be decided by the fact finder; however, the trial of that question is governed by the same rules of evidence applicable to all trials.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Consulting Leaders in Technology 2024
May 16, 2024
Dallas, TX

Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.


Learn More
Legal Innovation Awards 2024
May 23, 2024
London

Celebrate outstanding achievement in law firms, chambers, in-house legal departments and alternative business structures.


Learn More
Go to Events Go to Webcasts
EMPLOYEE BENEFITS ASSOCIATE

We are seeking an associate to join our Employee Benefits practice. Candidates should have three to six years of employee benefits experienc...


Apply Now ›
Associate Attorney

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›
San Francisco Labor & Employment Senior Litigation Associate

Duane Morris LLP has an immediate opening for a senior level, highly motivated litigation associate to join its dynamic and growing Employme...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements