by admin | May 13, 2021 | Crimianl Procedure, Louisiana
A. The criminal prosecution shall be resumed unless the court determines by a preponderance of the evidence that the defendant does not have the mental capacity to proceed. If the court determines that the defendant lacks mental capacity to proceed, the proceedings...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
The issue of the defendant’s mental capacity to proceed shall be determined by the court in a contradictory hearing. The report of the sanity commission is admissible in evidence at the hearing, and members of the sanity commission may be called as witnesses by...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
The court order for a mental examination shall not deprive the defendant or the district attorney of the right to an independent mental examination by a physician or mental health expert of his choice, and such physician or mental health expert shall be permitted to...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
A.(1) The report of the sanity commission members shall address their specific findings with regard to all of the following:(a) The defendant’s capacity to understand the proceedings against him.(b) His ability to assist in his defense.(c) His need for inpatient...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
A. Any juvenile transferred for criminal trial in accordance with Articles 305 and 857 of the Children’s Code may seek a special sanity hearing which shall be conducted in accordance with Articles 833 through 836 of the Children’s Code.B. The determination...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
A. Within seven days after a mental examination is ordered, the court shall appoint a sanity commission to examine and report upon the mental condition of the defendant. The sanity commission shall consist of at least two and not more than three members who are...
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