Estelle v. Smith (Supreme Court, 1981): The Supreme Court determined information obtained in a court-ordered competency to stand trial evaluation regarding the issue of future dangerousness was inadmissible at the penalty phase of the trial. The Court held the evidence was a violation of the 5th Amendment right against self-incrimination and the 6th Amendment right to counsel (Since counsel was not informed in advance that the examination would cover the issue of future dangerousness). Furthermore, the Court noted there is no distinction between the guilt and penalty phase of the trial regarding the defendant’s rights. Information obtained during a court ordered competency evaluation could not be considered “Freely and voluntarily” given unless the defendant had been informed of their rights.
Forensic & Psychological Assessments