Hawaii Hawaii



Competency/ Insanity


A person cannot be tried, convicted, sentenced or punished for an offense if the court determines that the person is incompetent to stand trial. Ha. Rev. Stat. § 704-403

Describes procedures for determining incompetence to stand trial. Ha. Rev. Stat. § 704-403-406


A person is not competent if, at the time of the conduct, as a result of physical or mental disease, disorder, or defect the person lacks substantial capacity either to appreciate the wrongfulness of the person's conduct or to conform the person's conduct to the requirements of law (they call it incompetence, but this is actually insanity). Ha. Rev. Stat. § 704-400.

Special Rules




Death Penalty

Hawaii does not have the death penalty.