Court-Ordered Mental Examinations of Capital Defendants: Procedures in Ten States.

摘要

Federal Rule of Criminal Procedure 12.2, last amended in 1987, requires notice prior to trial of the defendants intention either to rely upon the defense of insanity or to introduce expert testimony of mental disease or defect on the theory that such mental condition is inconsistent with the mental state required for the offense charged. One objective of the rule is to afford the government time to prepare to address the mental health issue, which usually involves reliance on expert testimony. In the event that the defendant fails to give notice or to submit to a court-ordered examination, the court may exclude the testimony of any expert witness offered by the defendant on the issue of the defendants guilt.