§ 12.1-04.1-01 Standard for lack of criminal responsibility
§ 12.1-04.1-02 Court authorization of state-funded mental health services for certain defendants
§ 12.1-04.1-03 Notice of defense of lack of criminal responsibility
§ 12.1-04.1-04 Notice regarding expert testimony on lack of state of mind as element of alleged offense
§ 12.1-04.1-05 Examination at request of prosecuting attorney
§ 12.1-04.1-06 Explanation to defendant
§ 12.1-04.1-07 Scope of examination
§ 12.1-04.1-08 Recording of examination
§ 12.1-04.1-09 Consequence of deliberate failure of defendant to cooperate
§ 12.1-04.1-10 Reports by tier 1a mental health professionals and expert witnesses
§ 12.1-04.1-11 Exchange of reports and production of documents
§ 12.1-04.1-12 Use of reports at trial
§ 12.1-04.1-13 Notice of expert witnesses
§ 12.1-04.1-14 Use of evidence obtained from examination
§ 12.1-04.1-15 Use of recording of examination
§ 12.1-04.1-16 Bifurcation of issue of lack of criminal responsibility
§ 12.1-04.1-17 Jury instruction on disposition following verdict of lack of criminal responsibility
§ 12.1-04.1-18 Form of verdict or finding
§ 12.1-04.1-19 Post-trial motions and appeal from verdict or finding of not guilty by reason of lack of criminal responsibility
§ 12.1-04.1-20 Jurisdiction of court
§ 12.1-04.1-21 Proceeding following verdict or finding
§ 12.1-04.1-22 Initial order of disposition – Commitment to treatment facility – Conditional release – Discharge
§ 12.1-04.1-23 Terms of commitment – Periodic review of commitment
§ 12.1-04.1-24 Modification of order of commitment – Conditional release or discharge – Release plan
§ 12.1-04.1-25 Conditional release – Modification – Revocation – Discharge
§ 12.1-04.1-26 Procedures

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Terms Used In North Dakota Code > Chapter 12.1-04.1 - Criminal Responsibility and Post-Trial Responsibility Act

  • 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.
  • Bodily injury: means any impairment of physical condition, including physical pain. See North Dakota Code 12.1-01-04
  • Court: means any of the following courts: the supreme court, a district court, and where relevant, a municipal court. See North Dakota Code 12.1-01-04
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Individual: means a human being. See North Dakota Code 1-01-49
  • 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.
  • Offense: means conduct for which a term of imprisonment or a fine is authorized by statute after conviction. See North Dakota Code 12.1-01-04
  • person: includes , where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. See North Dakota Code 12.1-01-04
  • 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.
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • Rule: includes regulation. See North Dakota Code 1-01-49
  • seal: includes an impression of such seal upon the paper alone as well as upon wax or a wafer affixed thereto. See North Dakota Code 1-01-38
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • 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.
  • Verdict: The decision of a petit jury or a judge.
  • verdict: includes not only the verdict of a jury, but also the finding upon the facts of a judge or of a master appointed to determine the issues in a cause. See North Dakota Code 1-01-41
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
  • year: means twelve consecutive months. See North Dakota Code 1-01-33