Find Laws Find Lawyers Free Legal Forms USA State Laws

NEW JERSEY STATUTES AND CODES

2C:4-4 - Mental incompetence excluding fitness to proceed

2C:4-4.  Mental incompetence excluding fitness to proceed    a.  No person who 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 as such incapacity endures.

    b.  A person shall be considered mentally competent to stand trial on criminal charges if the proofs shall establish:

    (1) That the defendant has the mental capacity to appreciate his presence in  relation to time, place and things;  and

    (2) That his elementary mental processes are such that he comprehends:

     (a) That he is in a court of justice charged with a criminal offense;

     (b) That there is a judge on the bench;

     (c) That there is a prosecutor present who will try to convict him of a criminal charge;

     (d) That he has a lawyer who will undertake to defend him against that charge;

     (e) That he will be expected to tell to the best of his mental ability the facts surrounding him at the time and place where the alleged violation was committed if he chooses to testify and understands the right not to testify;

     (f) That there is or may be a jury present to pass upon evidence adduced as  to guilt or innocence of such charge or, that if he should choose to enter into  plea negotiations or to plead guilty, that he comprehend the consequences of a  guilty plea and that he be able to knowingly, intelligently, and voluntarily  waive those rights which are waived upon such entry of a guilty plea;  and

    (g) That he has the ability to participate in an adequate presentation of his defense.

     L.1978, c. 95, s. 2C:4-4, eff. Sept. 1, 1979.  Amended by L.1979, c. 178, s. 13, eff. Sept. 1, 1979.
 

New Jersey Forms by Issue

New Jersey Court Forms
> Civil (County)
New Jersey Family Forms
New Jersey Tax Forms

New Jersey Law

New Jersey State Laws
    > New Jersey Child Support
    > New Jersey Statutes
New Jersey Tax
    > New Jersey State Tax
New Jersey Labor Laws
    > New Jersey Unemployment
New Jersey Agencies
    > New Jersey Department of Corrections
    > New Jersey Department of Education
    > New Jersey DMV
    > New Jersey State Police

New Jersey Court Map

Tips