Start making sense of your financial wellness.

Watch the Sitholes every Thursday at 17h30 on e.tv

US justices to weigh self-incrimination claim

Comment on this story


IOL pic feb21 justice scales gavel

Independent Newspapers

Washington - The U.S. Supreme Court agreed on Monday to consider whether a criminal defendant's right against self-incrimination is violated when a psychiatrist who examined him testifies about his mental state.

Scott Cheever was sentenced to death for killing Greenwood County, Kansas, Sheriff Matthew Samuels while officers sought to enforce a warrant for his arrest in January 2005.

Cheever's defense was that he was intoxicated after using methamphetamine and therefore incapable of the premeditation necessary for him to be convicted of murder and attempted murder.

The legal question is whether Cheever's Fifth Amendment right against self-incrimination was violated when the state called a psychiatrist who had examined Cheever to testify in order to rebut the claim that the defendant was incapable of rational thought.

The psychiatrist's testimony was based in part on what Cheever had said to him during the evaluation. The Kansas Supreme Court ruled in Cheever's favor.

Oral argument and a decision are expected in the U.S. Supreme Court's next term, which begins in October and runs until June 2014. - Reuters


sign up
 
 

Comment Guidelines



  1. Please read our comment guidelines.
  2. Login and register, if you haven’ t already.
  3. Write your comment in the block below and click (Post As)
  4. Has a comment offended you? Hover your mouse over the comment and wait until a small triangle appears on the right-hand side. Click triangle () and select "Flag as inappropriate". Our moderators will take action if need be.

     

Join us on

IOL-Social networks IOL-Social networks IOL-Social networks IOL-Social networks

Business Directory