CHAPTER 704

PENAL RESPONSIBILITY AND FITNESS TO PROCEED

 

Section

    704-400 Physical or mental disease, disorder, or defect

            excluding penal responsibility

    704-401 Evidence of physical or mental disease, disorder, or

            defect admissible when relevant to state of mind

    704-402 Physical or mental disease, disorder, or defect

            excluding responsibility is an affirmative defense;

            form of verdict and judgment when finding of

            irresponsibility is made

    704-403 Physical or mental disease, disorder, or defect

            excluding fitness to proceed

    704-404 Examination of defendant with respect to physical or

            mental disease, disorder, or defect

    704-405 Determination of fitness to proceed

    704-406 Effect of finding of unfitness to proceed

    704-407 Special hearing following commitment or release on

            conditions

    704-408 Determination of irresponsibility

    704-409 Access to defendant by examiners of defendant's

            choice

    704-410 Form of expert testimony regarding physical or

            mental disease, disorder, or defect

    704-411 Legal effect of acquittal on the ground of physical

            or mental disease, disorder, or defect excluding

            responsibility; commitment; conditional release;

            discharge; procedure for separate post-acquittal

            hearing

    704-412 Committed person; application for conditional

            release or discharge; by the director of health; by

            the person

    704-413 Conditional release; application for modification or

            discharge; termination of conditional release and

            commitment

    704-414 Procedure upon application for discharge,

            conditional release, or modification of conditions

            of release

    704-415 Disposition of application for discharge,

            conditional release, or modification of conditions

            of release

    704-416 Statements for purposes of examination or treatment

            inadmissible except on issue of physical or mental

            condition

  704-416.5 Supervision of person on conditional release

    704-417 Use of out-of-state institutions

    704-418 Immaturity excluding penal conviction; transfer of

            proceedings to family court

    704-419 Repealed

 

Note

 

  L 2001, c 91, §4 purports to amend this chapter.

 

Law Journals and Reviews

 

  Fitness to Proceed:  Compassion or Prejudice? II HBJ 135 (1998).

 

Case Notes

 

  Provisions of chapter apply only to issues raised under the chapter.  7 H. App. 402, 771 P.2d 899.

  Chapter, based on model penal code, does not recognize diminished capacity as a distinct category of mitigation.  73 H. 109, 831 P.2d 512.

  Trial court did not err in permitting prosecution to cross-examine defendant regarding defendant's non-statements to defendant's mental examiners where defendant's failure to mention defendant's concerns regarding aliens was clearly relevant to the question of whether defendant was being truthful when defendant testified at trial about having those concerns at the time of the incident, and §704-416 only addresses the admissibility of defendant's statements, not non-statements; thus, as the introduction of defendant's non-statements did not violate this chapter, defendant's right to a fair trial was not prejudiced by admission of the testimony.  116 H. 200, 172 P.3d 512 (2007).