Robin Shellow Attorney | Milwaukee Mental Illness Attorney | Wisconsin Criminal Defense Lawyer | The Shellow Group
The Milwaukee mental health attorneys at The Shellow Group have a breadth of knowledge in the area of mental and physical disorders. Call 414.263.4488 today.
Milwaukee, Not Guilty by Reason of Mental Illness, Mental Health Attorney, Mental Disease, Mental Defect, Criminal Defense Lawyer, Milwaukee Attorney, Wisconsin, Lawyer, Racine, Robin Shellow
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1.888.SHELLOW • MILWAUKEE, WI • 414.263.4488 • THE SHELLOW GROUP

Mental Disease
or Defect

NOT GUILTY BY REASON OF MENTAL ILLNESS


For a hundred years a defendant in Wisconsin could only succeed in showing that his mental illness caused him to commit a crime if he could convince a jury that at the time of its commission he did not know the difference between right and wrong and would have committed the crime even though a policeman was standing at his side. This criterion ignored major advances in psychology and psychiatry. In a landmark case James Shellow convinced the Wisconsin Supreme Court to change this standard, and in a subsequent appeal of the same case, convinced the Supreme Court that a defendant who claimed mental illness as a defense retained his Fifth Amendment right not to be examined by a prosecution psychiatrist. Forty years later, in a prosecution which charged a father with sexually assaulting one of his children and who had been examined by a psychologist, prepared to testify that the father did not exhibit the character traits of a pedophile, James Shellow convinced the Wisconsin Supreme Court that the father also retained his Fifth Amendment right not be examined by a prosecution expert.

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