Hawaii Revised Statutes 704. Penal Responsibility and Fitness to Proceed

Note

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

Law Journals and Reviews

Fitness to Proceed: Compassion or Prejudice? II HBJ, no. 13, at 135 (1998).

Case Notes

Chapter, based on model penal code, does not recognize diminished capacity as a distinct category of mitigation. 73 H. 109, 831 P.2d 512 (1992).

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).

Provisions of chapter apply only to issues raised under the chapter. 7 H. App. 402, 771 P.2d 899 (1989).

Last modified: October 27, 2016