New Jersey Motion for Psychiatric Examination of Defendant

Category:
State:
Multi-State
Control #:
US-00802
Format:
Word; 
Rich Text
Instant download

Description

This form is a model motion for psychiatric examination of an indigent defendant by a private psychiatrist. The motion is made by defendant's attorney in hopes of ascertaining whether defendant is fit to stand trail. The court is asked to pay for the examination due to the defendant's indigence.
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FAQ

A motion for a directed verdict, otherwise known as a judgment as a matter of law, is one made once the trial has already begun. However, the moving party believes that a judgment should be rendered midway because he or she claims that the opposing party has inadequate evidence to support his or her case.

Bringing in the Police for Help If they consider it necessary, the police will arrest the person, and have a certified screening service assess the need to get a court order filed for this person's involuntary commitment. This court order does not mean that the person will be transferred to a psychiatric facility.

The Baker Act allows for the temporary detention and examination of people showing evidence of mental illness and who are in danger of harming themselves or others. This includes danger from self-neglect as well as physical harm.

In order for an individual to be committed involuntarily, the following requirements are needed: (1) the patient is mentally ill; (2) the mental illness causes the patient to be dangerous to self or others or property as defined by NJSA §§ -27.2(h) and - 27.2(i); and (3) appropriate facilities or services are not ...

Krol Status: An individual with mental illness is found not guilty by reason of insanity (NGRI); his/her behavioral health treatment is monitored by a Superior Court, which issues orders regarding involuntary confinement at a facility, discharge planning and community reintegration.

Once the mentally ill person has been found Not Guilty By Reason of Insanity at his trial, and confined to a "facility", they are in Krol Status. If he was found guilty (therefore not NGRI), it would not apply, as he is deemed just another convict.

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New Jersey Motion for Psychiatric Examination of Defendant