18-U.S.C.-4242

18-U.S.C.-4242

§4242 – Determination of The Existence of Insanity At The Time of The offense

Pathway

Title 18 > Part III > Chapter 313 > Section 4242

Details

  • Reference: Section 4242
  • Legend: §4242 – Determination of The Existence of Insanity At The Time of The offense
  • USCode Year: 2013

Provision Content

(a) Motion for Pretrial Psychiatric or Psychological Examination.—Upon the filing of a notice, as provided in Rule 12.2 of the Federal Rules of Criminal Procedure, that the defendant intends to rely on the defense of insanity, the court, upon motion of the attorney for the Government, shall order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of section 4247(b) and (c).

(b) Special Verdict.—If the issue of insanity is raised by notice as provided in Rule 12.2 of the Federal Rules of Criminal Procedure on motion of the defendant or of the attorney for the Government, or on the courts own motion, the jury shall be instructed to find, or, in the event of a nonjury trial, the court shall find the defendant—

(1) guilty;

(2) not guilty; or

(3) not guilty only by reason of insanity.

(June 25, 1948, ch. 645, 62 Stat. 855; Pub. L. 98–473, title II, §403(a), Oct. 12, 1984, 98 Stat. 2059.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §877 (May 13, 1930, ch. 254, §7, 46 Stat. 272).

Minor change was made in phraseology.

Amendments

1984—Pub. L. 98–473 amended section generally, substituting Determination of the existence of insanity at the time of the offense for Retransfer upon recovery in section catchline, and substituting provisions relating to motion for pretrial psychiatric or psychological examination, and special verdict, for provisions relating to retransfer to a penal or correctional institution upon recovery of an inmate of the United States hospital for defective delinquents.

U.S. Encyclopedia of Law Coverage

18-U.S.C.-4161 in the Legal Encyclopedia: Prisons

In this entry about 18-U.S.C.-4161, find legal reference material, bibliographies and premiere content related to prisons in the American Encyclopedia of Law, presenting a comprehensive view of the United States prisons-specific issues, written by authorities in the field.

18-U.S.C.-4123 in the Legal Encyclopedia: Criminal Law

In this entry about 18-U.S.C.-4123, find legal reference material, bibliographies and premiere content related to criminal law in the American Encyclopedia of Law, presenting a comprehensive view of the United States criminal law-specific issues, written by authorities in the field.

Topic Map


Posted

in

, ,

by

Tags:

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *