|
|
Dr. Malachi Z. York
Our Constitution
COPY CAT CASE
VIDEO
Government Key
Witness Recants Her Testimony
Federal Court Pretrial
Transcripts
IV. ARRAIGNMENT AND PREPARATION FOR TRIAL > Rule 12.2. Prev |
Next Rule 12.2. Notice of an Insanity Defense; Mental
Examination
(a) Notice of an Insanity Defense.
A defendant who intends to assert a defense of insanity at the
time of the alleged offense must so notify an attorney for the
government in writing within the time provided for filing a
pretrial motion, or at any later time the court sets, and file a
copy of the notice with the clerk. A defendant who fails to do
so cannot rely on an insanity defense. The court may, for good
cause, allow the defendant to file the notice late, grant
additional trial-preparation time, or make other appropriate
orders.
(b) Notice of Expert Evidence of a Mental Condition.
If a defendant intends to introduce expert evidence relating to
a mental disease or defect or any other mental condition of the
defendant bearing on either (1) the issue of guilt or (2) the
issue of punishment in a capital case, the defendant must --
within the time provided for filing a pretrial motion or at any
later time the court sets -- notify an attorney for the
government in writing of this intention and file a copy of the
notice with the clerk. The court may, for good cause, allow the
defendant to file the notice late, grant the parties additional
trial-preparation time, or make other appropriate orders.
(c) Mental
Examination.
(1) Authority to Order an Examination; Procedures.
(A) The court may order the defendant to submit to a competency
examination under 18 U.S.C. § 4241.
(B) If the defendant provides notice under Rule 12.2(a), the
court must, upon the government's motion, order the defendant to
be examined under 18 U.S.C. § 4242. If the defendant provides
notice under Rule 12.2(b) the court may, upon the government's
motion, order the defendant to be examined under procedures
ordered by the court.
(2) Disclosing Results and Reports of Capital Sentencing
Examination.
The results and reports of any examination conducted solely
under Rule 12.2(c)(1) after notice under Rule 12.2(b)(2) must be
sealed and must not be disclosed to any attorney for the
government or the defendant unless the defendant is found guilty
of one or more capital crimes and the defendant confirms an
intent to offer during sentencing proceedings expert evidence on
mental condition.
(3) Disclosing Results and Reports of the Defendant's Expert
Examination.
After disclosure under Rule 12.2(c)(2) of the results and
reports of the government's examination, the defendant must
disclose to the government the results and reports of any
examination on mental condition conducted by the defendant's
expert about which the defendant intends to introduce expert
evidence.
(4) Inadmissibility of a Defendant's Statements.
No statement made by a defendant in the course of any
examination conducted under this rule (whether conducted with or
without the defendant's consent), no testimony by the expert
based on the statement, and no other fruits of the statement may
be admitted into evidence against the defendant in any criminal
proceeding except on an issue regarding mental condition on
which the defendant:
(A) has introduced evidence of incompetency or evidence
requiring notice under Rule 12.2(a) or (b)(1), or
(B) has introduced expert evidence in a capital sentencing
proceeding requiring notice under Rule 12.2(b)(2).
(d) Failure to Comply.
(1) Failure to Give Notice or to Submit to Examination.
The court may exclude any expert evidence from the defendant on
the issue of the defendant’s mental disease, mental defect, or
any other mental condition bearing on the defendant’s guilt or
the issue of punishment in a capital case if the defendant fails
to:
(A) give notice under Rule 12.2(b); or
(B) submit to an examination when ordered under Rule 12.2(c).
(2) Failure to Disclose.
The court may exclude any expert evidence for which the
defendant has failed to comply with the disclosure requirement
of Rule 12.2(c)(3).
(e) Inadmissibility of Withdrawn Intention.
Evidence of an intention as to which notice was given under Rule
12.2(a) or (b), later withdrawn, is not, in any civil or
criminal proceeding, admissible against the person who gave
notice of the intention.
(As added Apr. 22, 1974, eff. Dec. 1, 1975; amended July 31,
1975, eff. Dec. 1, 1975; Apr. 28, 1983, eff. Aug. 1, 1983; Oct.
12, 1984; Oct. 30, 984, eff. Oct. 12, 1984; Apr. 29, 1985, eff.
Aug. 1, 1985; Nov. 10, 1986; Mar. 9, 1987, eff. Aug. 1, 1987;
Apr. 29, 2002, eff. Dec. 1, 2002; July 12, 2005, eff. Dec. 1,
2005..)
|
