Is a defendant entitled to a psychiatric examination to rule out the possibility that he could be insane or mentally ill?

California, United States of America


The following excerpt is from People v. Blood, D060503 (Cal. App. 2012):

Blood misconstrues section 1368. Contrary to his claim, he was not entitled to a psychiatric examination to rule out the possibility he "could be" insane or mentally ill. Instead the section applies when facts arise during the course of criminal proceedings that create a "doubt . . . in the mind of the judge as to the mental competence of [a] defendant." ( 1368, subd. (a).) Under such a circumstance the judge is required to set a hearing to determine the defendant's mental competency. (People v. Welch (1999) 20 Cal.4th 701, 737-738.) However, absent some indication of possible incompetency, the judge has no responsibility to order a competency evaluation, nor is defense counsel obligated to request one.

Other Questions


Is a defendant entitled to cross-examine the confession of a co-defendant? (California, United States of America)
Does Section 1054.3(b) of the Mental Health Act restrict the prosecution's access to materials derived from mental health examinations conducted under section 1054 of the Act, which were obtained from a mental health clinic? (California, United States of America)
How does a defendant defend in a personal injury case using a cross-examining technique used in a mental health case? (California, United States of America)
Does a prosecutor cross-examining defendant's cross-examination of him violate the definition of a defendant's privilege? (California, United States of America)
Can a prosecutor cross-examine a defendant's attorney's cross-examination of defendant on the basis that it was his own idea to lie and claim self-defense? (California, United States of America)
Can a defendant bring a motion for habeas corpus relief if he is denied access to cross-examining a prosecution expert at the "mental state" phase of his trial? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Is there any case law where a defendant was ordered to undergo a state-ordered psychiatric examination by a psychiatrist? (California, United States of America)
Is a third strike defendant entitled to the same sentence as a second strike defendant? (California, United States of America)
Is a non-capitalized defendant entitled to the same procedural protections as a capital defendant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.