Does a modified jury instruction in a mental health case require a jury to determine whether a mentally disordered offender would be hospitalized or released on parole?
California, United States of America
The following excerpt is from People v. Scott, A136115 (Cal. App. 2013):
And in People v. Collins (1992) 10 Cal.App.4th 690, a modified jury instruction, along with the jury verdict forms used, directed the jury to determine whether a mentally disordered offender would be hospitalized or released on parole, which impermissibly
Page 8
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does section 29 of the Mental Health Act require an expert to determine whether a defendant had the mental state required for an attempted murder? (California, United States of America)
What is the test for a jury to determine whether a mental health disorder qualifies as a mental state? (California, United States of America)
Does Section 1054.3(b) of the Mental Health Act restrict the prosecution's access to materials derived from mental health examinations conducted under section 1054 of the Act, which were obtained from a mental health clinic? (California, United States of America)
What is the test for determining whether a defendant's age, education, physical condition, and mental health are factors used in determining whether they should be charged with assault? (California, United States of America)
Does the majority of the Court of Appeal rely on prior cases for the purpose of determining whether a mentally disordered sex offender should be confined to a penal institution? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the effect of a finding that a defendant is a probable mentally disordered sex offender on his mental health? (California, United States of America)
What is the test for a convicted sex offender to be released from a mental health hospital? (California, United States of America)
