Haw. Rev. Stat. § 704-408
Determination of irresponsibility
Hawaii · Hawaii Revised Statutes Chapter 704 — Penal Responsibility and Fitness to Proceed · Status: effective
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- Citation
- Haw. Rev. Stat. § 704-408, Determination of irresponsibility, Hawaii, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2430294
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Full text
If the report of the examiners filed pursuant to section 704-404, or the report of examiners of the defendant's choice under section 704-409, states that the defendant at the time of the conduct alleged was affected by a physical or mental disease, disorder, or defect that substantially impaired the defendant's capacity to appreciate the wrongfulness of the defendant's conduct or to conform the defendant's conduct to the requirements of law, the court shall submit the defense of physical or mental disease, disorder, or defect to the jury or the trier of fact at the trial of the charge against the defendant.