Law Governing Insanity (From Basic Course for Prosecutors XII, V 2, P 281-362, 1987 - See NCJ-112901)

• NCJ Number: 112907
• Author(s): N Werne
• Date Published: 1987
• Length: 82 pages
• Sale Source: National Institute of Justice/
• Publication Type: Training (Aid/Material)
• Language: English
• Country: United States of America
• Note: Revised in May, 1987 by Nancy Walker-Johnson and John E. Carter, Jr.

Annotation

This paper instructs New York prosecutors in law and procedures pertinent to competency to testify, the insanity defense, and postacquittal commitment.

Abstract

Law and relevant court decisions applicable to competency to stand trial focus on due process procedures, the definition of competency to stand trial, the determination of competency, the court's discretion to issue an order for competency examination, and mandated procedures for conducting a psychiatric examination to determine competency. Other issues discussed with respect to competency to stand trial are the competency hearing after the psychiatric examination, the procedure after the examination and hearing, and the determination of a juvenile's fitness to proceed to adjudication. Some of the issues discussed regarding evidence of insanity include required notice of intent to offer the insanity defense, the psychiatric examination, the defendant's right to counsel at the psychiatric examination, and the psychiatric examination and the privilege against self-incrimination. The legal parameters for the insanity plea are also discussed. Matters addressed include conditions precedent for the acceptance of a plea, acceptance of the plea, and the competency investigation prior to the plea. The discussion concludes with a review of the law governing the commitment of persons acquitted by reason of insanity.