2023 Hawaii Revised Statutes
Title 37. Hawaii Penal Code
704. Penal Responsibility and Fitness to Proceed


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

Reports by judiciary to 2021-2023 legislature on the effectiveness of L 2020, c 26. L 2020, c 26, 8.

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).

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