MaineMaine


 

 


Insanity/ Competency

Competency

Juvenile competency: A juvenile is competent to proceed in a juvenile proceeding if the juvenile has: A rational as well as a factual understanding of the proceedings against the juvenile; and B. A sufficient present ability to consult with legal counsel with a reasonable degree of rational understanding. 15 M.R.S.A. 3318-A

Outline of procedure for forensic examination to determine competency.  15 M.R.S.A. 101-D

Insanity

Outline of procedure for forensic examination to determine insanity. 15 M.R.S.A. 101-D

Procedure for commitment following a finding of insanity.  15 M.R.S.A. 103

Special Rules

Hearsay: An out of court statement by someone with a developmental disability is admissible if it describes a sexual act, the court finds that it will promote the well-being of the witness, and the defense has the ability to cross examine the witness.  15 M.R.S.A. 1205.

Sentencing

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Death Penalty

Maine does not have the death penalty. 

Post-Conviction