Wisconsin Motion for Psychiatric Examination of Defendant

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

Emergency Detentions - (51.15, WI STATS) These are initiated when an individual is presently a danger to themselves or others. The detention is obtained by contacting law enforcement.

Emergency Detention: in Wisconsin, emergency detention is used when a person is a significant danger to themselves or others, and the police are contacted. The police will take the person into custody, and there will be a 72-hour hold, during which the party will be evaluated at a mental health facility.

(2) clarifies that a defendant who requires medication to remain competent is nevertheless competent; the court may order the defendant to be administered such medication for the duration of the criminal proceedings under s. 971.14 (5) (c).

(1) A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect the person lacked substantial capacity either to appreciate the wrongfulness of his or her conduct or conform his or her conduct to the requirements of law.

947.01 Disorderly conduct. (1) Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.

Overview. The insanity defense refers to a defense that a defendant can plead in a criminal trial. In an insanity defense, the defendant admits the action but asserts a lack of culpability based on mental illness. The insanity defense is classified as an affirmative defense, rather than a partial defense.

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Wisconsin Motion for Psychiatric Examination of Defendant