When prosecution is delayed because of the accused's mental incapacity to stand trial, what are the consequences of the delay?

MultiRegion, United States of America

The following excerpt is from U.S. v. Geelan, 520 F.2d 585 (9th Cir. 1975):

"When prosecution is delayed because of the accused's mental incapacity to stand trial, the difficulty of determining whether the accused was mentally responsible at the time of the crime is increased. Passage of time makes proof of any fact more difficult. When the fact at issue is as subtle as a mental state, the difficulty is immeasurably enhanced." Williams v. United States, 102 U.S.App.D.C. 51, 250 F.2d 19, 22-23 (1957).

Other Questions


When will a judge-initiated hearing be held to determine whether an accused is mentally competent to stand trial? (MultiRegion, United States of America)
What is the legal test for determining whether a delay of a trial is a deliberate attempt by the government to delay the trial? (Canada (Federal), Canada)
Does a defendant have a mental illness, mental disorder or mental defect at trial? (MultiRegion, United States of America)
Is there any case law where a trial judge or jury was ordered to delay or otherwise delay the trial of a witness due to the absence of the witness? ("New York", United States of America)
Does the trial judge erred in denying a post-trial motion for a new trial based upon alleged violations of sequestration order by members of the jury or marshals assigned to supervise the jury? (MultiRegion, United States of America)
What is the test for determining whether a defendant is mentally competent to stand trial? (MultiRegion, United States of America)
What is the test for determining whether a defendant is mentally competent to stand trial? (MultiRegion, United States of America)
What is the test for whether a person who has been found unfit to stand trial for murder by reason of reason is considered to be a "dangerous person" under s. 19(1)(a)(ii) of the Mental Health Act? (Canada (Federal), Canada)
What is the test for determining whether a defendant is mentally competent to stand trial? (MultiRegion, United States of America)
What is the test for a motion for a new trial where newly discovered evidence indicates perjury by a prosecution witness at trial? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.