§ 704-400 Physical or mental disease, disorder, or defect excluding penal responsibility
§ 704-401 Evidence of physical or mental disease, disorder, or defect admissible when relevant to state of mind
§ 704-402 Physical or mental disease, disorder, or defect excluding responsibility is an affirmative defense; form of verdict and judgment when finding of irresponsibility is made
§ 704-403 Physical or mental disease, disorder, or defect excluding fitness to proceed
§ 704-404 Examination of defendant with respect to physical or mental disease, disorder, or defect excluding fitness to proceed
§ 704-405 Determination of fitness to proceed
§ 704-406 Effect of finding of unfitness to proceed and regained fitness to proceed
§ 704-407 Special hearing following commitment or release on conditions
§ 704-407.5 Examination of defendant with respect to physical or mental disease, disorder, or defect excluding penal responsibility
§ 704-408 Determination of irresponsibility
§ 704-409 Access to defendant by examiners of defendant’s choice
§ 704-410 Form of expert testimony regarding physical or mental disease, disorder, or defect
§ 704-410.5 Conditional release; duration limited in nonfelony cases
§ 704-411 Legal effect of acquittal on the ground of physical or mental disease, disorder, or defect excluding responsibility; commitment; conditional release; discharge; procedure for separate post-acquittal hearing
§ 704-412 Committed person; application for conditional release or discharge; by the director of health; by the person
§ 704-413 Conditional release; application for modification or discharge; termination of conditional release and commitment
§ 704-414 Procedure upon application for discharge, conditional release, or modification of conditions of release
§ 704-415 Disposition of application for discharge, conditional release, or modification of conditions of release
§ 704-416 Statements for purposes of examination or treatment inadmissible except on issue of physical or mental condition
§ 704-416.5 Supervision of person on conditional release
§ 704-417 Use of out-of-state institutions
§ 704-418 Immaturity excluding penal conviction; transfer of proceedings to family court
§ 704-420 Examination reports; provided to director of health
§ 704-421 Proceedings for defendants charged with petty misdemeanors not involving violence or attempted violence; criminal justice diversion program
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Terms Used In Hawaii Revised Statutes > Chapter 704 - Penal Responsibility and Fitness to Proceed

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Articles: means the articles of incorporation. See Hawaii Revised Statutes 421C-1
  • Association: means a consumer cooperative association. See Hawaii Revised Statutes 421C-1
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Directors: means the board of directors of an association. See Hawaii Revised Statutes 421C-1
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Interest-dividends: means the return on share, membership fee, or membership capital of the association which is limited in accordance with section 421C-19. See Hawaii Revised Statutes 421C-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Member: means a member of either a stock or a nonstock association in accordance with section 421C-3. See Hawaii Revised Statutes 421C-1
  • Net savings: means the total income of an association minus the costs of operation. See Hawaii Revised Statutes 421C-1
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Patronage refund: means the amount returned to the patrons in proportion to their patronage in accordance with § 421C-25. See Hawaii Revised Statutes 421C-1
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Share or membership capital: refers to the capital paid into an association by a member in accordance with section 421C-3. See Hawaii Revised Statutes 421C-1
  • Statute: A law passed by a legislature.
  • Surplus funds: means funds of an association which may be utilized for capital improvements, emergencies, or other expenditures of the association upon the authorization of the directors as specified in § 421C-25 or as otherwise specified in this chapter. See Hawaii Revised Statutes 421C-1
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • Verdict: The decision of a petit jury or a judge.