§704-403 Physical or mental disease,
disorder, or defect excluding fitness to proceed. No person who as a
result of a physical or mental disease, disorder, or defect lacks capacity to
understand the proceedings against the person or to assist in the person's own
defense shall be tried, convicted, or sentenced for the commission of an offense
so long as such incapacity endures. [L 1972, c 9, pt of §1; gen ch 1993]
COMMENTARY ON §704-403
The section sets forth the universally accepted position in
Anglo-American law that a defendant cannot be proceeded against (with the
exception of being charged) unless the defendant has the capacity to understand
the proceedings against the defendant and assist in the defendant's own
defense. The Code deliberately avoids terms such as "the then present
insanity"[1] and focuses on those factors which call for a suspension of
the proceedings: (1) lack of capacity to understand the proceedings, or (2)
lack of capacity to assist in the defense.
Previous Hawaii law is substantially in accord with this
section except that the statutory language used vague, unfocused phrases such
as "the then present insanity or mental irresponsibility of the accused,"
and "the then existing... mental irresponsibility."[2] However, in
actual application the trial courts have focused on the capacity of the
defendant to understand the proceedings and to assist in the defense.[3]
Law Journals and Reviews
Fitness to Proceed: Compassion or Prejudice? II HBJ, no.
13, at 135 (1998).
Case Notes
Facts did not support a finding that petitioner was mentally
incompetent at relevant times. 79 H. 118 (App.), 899 P.2d 401 (1995).
Cited: 60 H. 17, 586 P.2d 1028 (1978); 134 H. 308, 340 P.3d
440 (2014).
__________
§704-403 Commentary:
1. See H.R.S. §§711-91 and 711-92.
2. Id.
3. See State v. Wong, 47 Haw. 361, 365, 389 P.2d 439, 442
(1964).
Notes of Decisions
Cited in
19
cases, 1978–2020 · leading case:
State v. Tierney, 277 P.3d 251 (Haw. 2012).
State v. Tierney, 277 P.3d 251 (Haw. 2012).
· cites it 16× “3d 414, 418 (2000) [ Castro II ], "the statutory criteria for determining whether a criminal defendant is legally competent to proceed to trial" were explained as follows: Pursuant to HRS § 704-403, the trial court must determine whether the defendant either (1) lacks capacity…”
State v. Soares, 916 P.2d 1233 (Haw. App. 1996).
· cites it 11× “Pursuant to HRS § 704-403 (1993): No person who as a result of a physical or mental disease, disorder, or defect lacks capacity to understand the proceedings against the person or to assist in the person’s own defense shall be tried, convicted, or sentenced for the commission of…”
State v. Harter., 340 P.3d 440 (Haw. 2014).
· cites it 8× “In support of her second point of error, Harter argued that under HRS §§ 704-403 11 and 704-404, 12 the circuit court erred by failing to, sua sponte, suspend the proceedings in order to conduct an evidentiary hearing on Harter's competence to stand trial because there were…”
State v. Castro, 5 P.3d 444 (Haw. App. 2000).
· cites it 13× “Janto , the Hawai`i Supreme Court noted that the statutory criteria for determining whether a criminal defendant is legally competent to proceed to trial is as follows: Pursuant to HRS § 704-403, the trial court must determine whether the defendant either (1) lacks capacity to…”
State v. Janto, 986 P.2d 306 (Haw. 1999).
· cites it 4× “HRS § 704-403 (1993) provides that “[n]o person who as a result of a physical or mental disease, disorder, or defect lacks capacity to understand the proceedings against the person or to assist in the person’s own defense shall be tried, convicted, or sentenced for the…”
State v. Rodrigues, 679 P.2d 615 (Haw. 1984).
· cites it 4× “[3] HRS § 704-403 provides that: [n]o person who as a result of a physical or mental disease, disorder, or defect lacks capacity to understand the proceedings against him or to assist in his own defense shall be tried, convicted, or sentenced for the commission of an offense so…”
State v. Kotis, 984 P.2d 78 (Haw. 1999).
· cites it 2× “, that "as a result of physical or mental disease, disorder, or defect, [Kotis] lack[ed] capacity to understand *330 the proceedings against [him] or to assist in [his] own defense,” see HRS § 704-403 (1993) — may reasonably be construed as a simultaneous finding that Kotis was…”
State v. Tui., 382 P.3d 274 (Haw. 2016).
· cites it 2× “HRS § 704-403 (2014), titled "Physical or mental disease, disorder, or defect excluding fitness to proceed," provides: No person who as a result of a physical or mental disease, disorder, or defect lacks capacity to understand the proceedings against the person or to assist in…”
State v. Tyrrell, 586 P.2d 1028 (Haw. 1978).
· cites it 3× “HRS § 704-403 provides: Physical or mental disease, disorder, or defect excluding fitness to proceed.”
State v. Nizam, 771 P.2d 899 (Haw. App. 1989).
· cites it 3× “]” 4 HRS § 704-403 (1985). HRS § 704-404 (1985 & Supp.”
State v. Raitz, 621 P.2d 352 (Haw. 1980).
· cites it 2× “2 HRS § 704-403 provides that: No person who as a result of a physical or mental disease, disorder, or defect lacks capacity to understand the proceedings against him or to assist in his own defense shall be tried, convicted, or sentenced for the commission of an offense so long…”
State v. Char, 909 P.2d 590 (Haw. App. 1995).
· cites it 2× “On remand, we recommend that the district court address the questions whether, in light of the trial judge’s remarks quoted above, HRS § 704-403 (physical or mental disease, disorder, or defect excluding fitness to proceed), and/or *270 HRS § 704-400 (1993) (physical or mental…”
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