MHL 10 Volume 3 Flashcards
10.07 Trial
(a) Within _____ days after court determines that there is probable cause to believe that respondent is a sex offender requiring civil management, court shall conduct a jury trial to determine whether respondent is a detained sex offender who suffers from a mental abnormality.
- The trial shall be held before same court that conducted probable cause hearing unless there has been a change of venue.
60
10.07 Trial
Each side shall have ____ peremptory challenges for regular jurors and ________ for each alternate juror to be selected.
ten…… two
10.07 Trial
The right to a trial by jury may be _____ by respondent,
waived
10.07 Trial
The jury may hear evidence of degree to which respondent cooperated with psychiatric examination.
10.07 Trial
The jury may hear evidence of degree to which respondent cooperated with psychiatric examination.
10.07 Trial
If court finds that respondent refused to submit to a psychiatric examination, upon request it shall ______ jury.
instruct
10.07 Trial
The respondent’s commission of a sex offense shall be deemed established and shall not be relitigated at trial, whenever it is shown that:
(i) respondent stands convicted of such offense, or
(ii) respondent previously has been found not responsible by reason of mental disease or defect for commission of such offense or for an act or acts constituting such offense. Whenever petition alleges respondent’s commission of a designated felony prior to effective date of this article, issue of whether such offense was sexually motivated shall be determined by jury.
10.07 Trial
The respondent’s commission of a sex offense shall be deemed established and shall not be relitigated at trial, whenever it is shown that:
(i) respondent stands convicted of such offense, or
(ii) respondent previously has been found not responsible by reason of mental disease or defect for commission of such offense or for an act or acts constituting such offense. Whenever petition alleges respondent’s commission of a designated felony prior to effective date of this article, issue of whether such offense was sexually motivated shall be determined by jury.
10.07 Trial
(d) The jury, or court if a jury trial is waived, shall determine by ______ whether respondent is a detained sex offender who suffers from a mental abnormality.
clear and convincing evidence
10.07 Trial
The burden of proof shall be on _______
A determination, if made by jury, must be by ________ verdict
attorney general.
…….. unanimous
10.07 Trial
If jury is unable to render a unanimous verdict, court shall continue any commitment order previously issued and schedule a second trial to be held within _______ days
60
10.07 Trial
If jury in such second trial is unable to render a unanimous verdict as to whether respondent is a detained sex offender who suffers from a mental abnormality, court shall ______ petition.
dismiss
10.07 Trial
(f) If jury, or court if a jury trial is waived, determines that respondent is a detained sex offender who suffers from a mental abnormality, then court shall consider whether respondent is a dangerous sex offender requiring ____________ or a sex offender requiring strict and intensive ___________ .
confinement………supervision
10.07 Trial
If the court finds by _____ that a respondent has a mental abnormality that makes them likely to commit sex offenses, the respondent shall be confined to a secure treatment facility until such time as they are no longer a danger to others.
CCE
10.07 Trial
If court does not find that respondent is a dangerous sex offender requiring confinement, then court shall make a finding of disposition that respondent is a sex offender requiring strict and intensive supervision, and respondent shall be subject to a regimen of ______ and _________ supervision and treatment
strict and intensive
