CLE Information
Judge Instruction
Continuing Legal Education: The Insanity Defense
The second phase of participant instruction will be provided by Justin Bernstein. In addition to being a former collegiate trial competitor himself, Mr. Bernstein is a member of the Board of Directors of the American Mock Trial Association, Head Coach of the University of California Irvine undergraduate and law school trial teams, and a distinguished attorney with a globally reputable firm. More importantly, he is the original author of this year's case materials which the students will be advocating.
Mr. Bernstein will insturct attorney and judge participants on the process of judging collegiate mock trial and on this case generally.
Though this year's mock trial case does not deal with an insanity defense, to ensure that our participants receive the most engaging and useful CLE experience possible, we are pleased to present a brief presentation on the insanity defense. The lecture and written materials will be provided by one of the nation's leading scholars on the insanity defense, Dr. Georgie Ann Weatherby of Gonzaga University. Below you will find a link to Dr. Weatherby's curriculum vitate as well as a brief abstract of her presentation.
Justin Bernstein is an associate in O'Melveny's Newport Beach office and a member of the Litigation Department. Justin concentrates his practice in securities litigation, and also has experience with class actions, trademark litigation, real estate litigation, and asylum law.
New York University, J.D., 2006
University of California, Berkeley, B.A., Political Science, 2003
Illustrative Professional Experience
Represent financial institution in federal securities class action alleging mutual fund kickback scheme
Represent technology company in federal securities fraud lawsuit alleging false statements and improper accounting
Represented public technology companies against state and federal derivative lawsuits alleging stock options backdating
Represented public corporation's special committee in international securities and arbitration case
Represented real estate developer facing government desist-and-refrain order based on allegations of improper securities registration
Abstract:
The cases of M'Naghten, Yates, and Clark will be used to illustrate the insanity defense historically, to the present day, and its varying levels of success. Other secondary cases will be discussed to further distinguish interpretation problems with the defense, and public reaction to its implementation. Supplementary materials include a complete listing of the insanity defense as it stands among the states, and where the burden of proof falls for each (on the defendant or on the state). Then each of the insanity tests is fully examined: The M'Naghten Rule, the Irresistible Impulse Test, the Durham Rule, and the Test of the Model Penal Code. A special addendum is featured on the verdict of "Guilty Except Insane" as well. An abstract and introduction for a piece on "The Value of Life" is offered, along with a 2004 Minnesota case which tests the M'Naghten Rule (State v. Odell), and finally a list of suggested readings is provided.
