RULE 4-314. DEFENSE OF NOT CRIMINALLY RESPONSIBLE
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 4-314
RULE 4-314. DEFENSE OF NOT CRIMINALLY RESPONSIBLE
(1) Who May Request. If a defendant has entered pleas of both not guilty and not criminally responsible by reason of insanity and has elected a jury trial, the defendant or the State may move for a bifurcated trial in which the issue of criminal responsibility will be heard and determined separately from the issue of guilt.
Cross reference: See Treece v. State, 313 Md. 665 (1988). For victim notification procedures, see Code, Criminal Procedure Article, §§ 3-123 and 11-104.
(4) If a Plea of Guilty Is Entered. If the defendant has entered pleas of both guilty and not criminally responsible by reason of insanity and the court has accepted the guilty plea, there shall be a trial on the issue of criminal responsibility unless the State stipulates to a finding that the defendant is not criminally responsible. Notwithstanding any other provisions of law, the defendant may appeal from the judgment, but only on the issue of criminal responsibility.
Cross reference: Code, Courts Article, § 12-302(e).
Committee note: This Rule is not intended to affect a defendant's right to seek review of a judgment entered pursuant to a guilty plea by application for leave to appeal.
(3) Examination of Jurors. The court shall inform qualified jurors before examining them pursuant to Rule 4-312 (e) that the issues of guilt or innocence and whether, if guilty, the defendant is criminally responsible will be tried in two stages. The examination of qualified jurors shall encompass all issues raised.
(A) Except as otherwise provided in paragraph (B) or (C) of this subsection, the issue of criminal responsibility shall be tried before the same jury that tried the issue of guilt. Any juror who dies, becomes incapacitated or disqualified, or is otherwise discharged before the jury begins to deliberate in the criminal responsibility stage shall be replaced by an alternate juror in the order of selection.
(A) Evidence of mental disorder or mental retardation as defined in Code, Criminal Procedure Article, § 3-109 shall not be admissible in the guilt stage of the trial for the purpose of establishing the defense of lack of criminal responsibility. This evidence shall be admissible for that purpose only in the second stage following a verdict of guilty.
(7) Motion by State. The State may move for judgment on the issue of criminal responsibility at the close of the evidence offered by the defendant. In ruling on the motion, the court shall consider all evidence and inferences in the light most favorable to the defendant. The court may grant the motion if it finds no legally sufficient evidence from which a rational trier of fact could find that the defendant was not criminally responsible.
Credits
[Adopted June 28, 1989, eff. July 1, 1989. Amended Dec. 4, 2007, eff. Jan. 1, 2008; Sept. 10, 2009, eff. Oct. 1, 2009; June 7, 2011, eff. July 1, 2011; April 9, 2018, eff. July 1, 2018.]
MD Rules, Rule 4-314, MD R CR Rule 4-314
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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