Limiting the Insanity Defense: Hearings Before the Subcommittee on Criminal Law of the Committee on the Judiciary, United States Senate, Ninety-seventh Congress, Second Session, on S. 818, S. 1106, S. 1558, S. 1995, S. 2572, S. 2658, and S. 2669, June 24, 30, and July 14, 1982
U.S. Government Printing Office, 1983 - 395 páginas
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amended appear appropriate Attorney authorized believe burden cause chapter charged civil Commission committed Committee condition conduct consider conviction court crime criminal custody danger defendant detention determination disease or defect effect evidence examination expert extent facility fact Federal feel filed finds going Government guilty by reason hearing Hinckley hospital imposed imprisonment individual insanity defense inserting issue judge jury justice lieu means ment mental disease mentally ill motion offense officer paragraph period person plea present prisoner probation problem procedures proceeding proof prosecution provisions provisions of section psychiatric psychiatrists pursuant question reason of insanity record relating release responsibility result rule Senator Heflin Senator Specter sentence standard statement striking subsection suffering term testimony thereof tion title 18 treatment trial understand United United States Code violation witness
Página 336 - A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect...
Página 35 - ... at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Página 335 - An accused is not criminally responsible if his unlawful act was the product of a mental disease or defect.
Página 98 - A judicial officer authorizing the release of a person under this section shall issue an appropriate order containing a statement of the conditions imposed, if any, shall inform such person of the penalties applicable to violations of the conditions of his release and shall advise him that a warrant for his arrest will be issued immediately upon any such violation.
Página 144 - An application for a writ of habeas corpus in behalf of a prisoner who Is authorized to apply for relief by motion pursuant to this section, shall not be entertained if it appears that the applicant has failed to apply for relief, by motion, to the court which sentenced him, or that such court has denied him relief, unless it also appears that the remedy by motion is inadequate or ineffective to test the legality of his detention.
Página 356 - Equal protection does not require that all persons be dealt with identically, but it does require that a distinction made have some relevance to the purpose for which the classification is made.
Página 25 - State law — (A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and (B) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation.
Página 29 - ... or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life.
Página 353 - We hold that petitioner was denied equal protection of the laws by the statutory- procedure under which a person may be civilly committed at the expiration of his penal sentence without the jury review available to all other persons civilly committed in New York. Petitioner was further denied equal protection of the laws by his civil commitment to an institution maintained by the Department of Correction beyond the expiration of his prison term without a judicial determination that he is dangerously...