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28 Cards in this Set
- Front
- Back
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Upon verdict of complete acquittal, what must the court do with the defendant if he's in custody? what must they do with the defendant if he's is at liberty on bail? |
They must discharge the defendant if he's in custody, exonerate the bail if he is on bail. |
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Article 330.20 proceedings after verdict or plea of not responsible by mental disease Define commissioner |
State Commissioner of mental health or of mental retardation and developmental disability. |
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Article 330.20 proceedings after verdict or plea of not responsible by mental disease Define secure facility |
Facility within the State Office of mental health or MRDD with Personnel trained in security methods to minimize the risk or danger of Escape. |
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Article 330.20 proceedings after verdict or plea of not responsible by mental disease Define dangerous mental disorder |
Defendant with mental illness, which constitutes a danger to himself or others. |
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Article 330.20 proceedings after verdict or plea of not responsible by mental disease Define mentally ill |
Defendant suffers from mental illness or mental retardation, which requires inpatient care |
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Article 330.20 proceedings after verdict or plea of not responsible by mental disease Define examination order |
An order directed to the commissioner requiring the defendant to submit to a psychiatric examination to determine whether he has a dangerous mental disorder or is just mentally ill. |
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Article 330.20 proceedings after verdict or plea of not responsible by mental disease Define commitment order or recommitment order |
An order committing the defendant to the custody of the commissioner for confinement in a secure facility for a period of six (6) months from the date of the order (Clue: commit is 6 letters 6 months) |
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Article 330.20 proceedings after verdict or plea of not responsible by mental disease Define first retention order |
First order for the continued commitment after expiration of the commitment order authorizing continued commitment for not more than one (1) year. (Clue: First (1)) |
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Article 330.20 proceedings after verdict or plea of not responsible by mental disease Define second retention order |
An order which is effective at the expiration of the first retention order authorizing continued custody for a period not to exceed two (2) years. (Clue: second (2)) |
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Article 330.20 proceedings after verdict or plea of not responsible by mental disease Define subsequent retention order |
An order issued after the expiration of the second retention order or another subsequent retention order for a. Not to exceed two (2) years. (Clue: "sub" follows "sec" alphabetically) |
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Article 330.20 proceedings after verdict or plea of not responsible by mental disease Define retention order |
Means any of the above retention orders. |
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Article 330.20 proceedings after verdict or plea of not responsible by mental disease Define furlough order |
An order directing the commissioner allowing defendant to leave the secure facility for a period not to exceed fourteen (14) days either with or without the constant supervision of one or more employees of the facility. (Clue: furlough - furteen) |
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Article 330.20 proceedings after verdict or plea of not responsible by mental disease Define transfer order |
An order directing the commissioner to transfer a defendant from a secure facility to a non secure facility under the jurisdiction of the commissioner or any non secure facility designated by the commissioner. |
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Article 330.20 proceedings after verdict or plea of not responsible by mental disease Define release order |
Terminating the defendants inpatient status without terminating the Commissioners responsibility for the defendant. (Do not confuse for a discharge order) |
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Article 330.20 proceedings after verdict or plea of not responsible by mental disease Define discharge order |
An order terminating an order of conditions or unconditionally discharging the defendant from supervision. (Clue: discharge - dismiss. Dis-Dis) |
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Article 330.20 proceedings after verdict or plea of not responsible by mental disease Define order of conditions |
An order directing a defendant to comply with a prescribed treatment plan or any condition which the court determines reasonable and necessary, and where defendant is in custody of the commissioner, not to leave the facility without authorization. This order shall be valid for five (5) years from the date of issuance, except for good cause shown, may be extended an additional five (5) years |
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Article 330.20 proceedings after verdict or plea of not responsible by mental disease Define psychiatric Examiner |
Either a qualified psychiatrist or licensed psychologist designated by the commissioner to examine a defendant. |
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Article 330.20 proceedings after verdict or plea of not responsible by mental disease Define examination order |
Upon a plea or verdict of not responsible by mental disease or defect the court Must immediately issue an examination order. Upon receipt of the order the commissioner Must designate two (2) qualified psychiatric examiners to conduct the examination to examine the defendant. The court May authorize a psychiatrist or psychologist retained by the defendant to be present at such examination. |
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Who must the clerk of the court promptly forward a copy of the examination order to? |
The mental hygiene legal service (MHLS) |
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Examination order- confinement for the purpose of an examination order shall not exceed how long? |
Shall not exceed thirty (30) days. If conducted on an outpatient basis it must still be completed with thirty (30) days |
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Initial hearing - commitment order After the reports are submitted, the court must within how long conduct an initial hearing to determine the defendant's present mental condition. |
Within ten (10) days |
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If the court determines that the defendant has a dangerous mental disorder it must issue what? |
A commitment order |
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If the court finds the defendant is just mentally ill it must establish what? |
An order of conditions and in order committing the defendant to the custody of the commissioner. |
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Upon escape from secure facility immediate notice must be given to which 5 people? |
1 the district attorney 2 superintendent of State Police 3 the sheriff and police department in area of the Escape 4 any person believed to be in danger 5 any law enforcement agency or any person that staff believes will be able to inform The Endangered Person of the Escape. |
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Any application made by the commissioner under the section must be accompanied by an affidavit of at least how many psychiatric examiners, or it will be dismissed by the court. |
At least one (1) |
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What are the three grounds that a defendant may make a motion to set aside or modify a verdict? |
1 a ground on the record which if raised upon appeal would require a reversal as a matter of law. (Can be made orally or in writing) 2 improper juror conduct occurred and was unknown to the defendant prior to verdict. (Must be made in writing) 3 newly discovered evidence since trial which was unavailable to the defendant even with due diligence at the time. (Must be made in writing) |
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Article 350 non jury trial 35.10 conduct of a single judge trial The court determines all questions of law and is the exclusive Trier of facts and must render a verdict. How does a non jury trial differ from PUDA DAPA ? |
the court may allow opening and closing statements, not necessary (do not need to put on show for just judge) PADA DAPA - people may, defendant may. Defendant may people may. |
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35.20 trial by judicial hearing officer (JHO) In any case where single judge trial is authorized or required, the court May upon agreement of the parties assign a JHO to conduct the trial with what exception? |
When an information contains as one of the charges a Class A misdemeanor. (Must be Class B or violations) |
