704-400 Physical or mental disease, disorder, or defect excluding penal responsibility
704-401 Evidence of physical or mental disease, disorder, or defect admissible when relevant to state of mind
704-402 Physical or mental disease, disorder, or defect excluding responsibility is an affirmative defense; form of verdict and judgment when finding of irresponsibility is made
704-403 Physical or mental disease, disorder, or defect excluding fitness to proceed
704-404 Examination of defendant with respect to physical or mental disease, disorder, or defect excluding fitness to proceed
704-405 Determination of fitness to proceed
704-406 Effect of finding of unfitness to proceed and regained fitness to proceed
704-407 Special hearing following commitment or release on conditions
704-407.5 Examination of defendant with respect to physical or mental disease, disorder, or defect excluding penal responsibility
704-408 Determination of irresponsibility
704-409 Access to defendant by examiners of defendant’s choice
704-410 Form of expert testimony regarding physical or mental disease, disorder, or defect
704-410.5 Conditional release; duration limited in nonfelony cases
704-411 Legal effect of acquittal on the ground of physical or mental disease, disorder, or defect excluding responsibility; commitment; conditional release; discharge; procedure for separate post-acquittal hearing
704-412 Committed person; application for conditional release or discharge; by the director of health; by the person
704-413 Conditional release; application for modification or discharge; termination of conditional release and commitment
704-414 Procedure upon application for discharge, conditional release, or modification of conditions of release
704-415 Disposition of application for discharge, conditional release, or modification of conditions of release
704-416 Statements for purposes of examination or treatment inadmissible except on issue of physical or mental condition
704-416.5 Supervision of person on conditional release
704-417 Use of out-of-state institutions
704-418 Immaturity excluding penal conviction; transfer of proceedings to family court
704-420 Examination reports; provided to director of health

Terms Used In Hawaii Revised Statutes > Chapter 704

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Administrator: means the chief executive officer of the Hawaii employers' mutual insurance company. See Hawaii Revised Statutes 431:14A-102
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: means the board of directors of the Hawaii employers' mutual insurance company. See Hawaii Revised Statutes 431:14A-102
  • Commissioner: means the insurance commissioner. See Hawaii Revised Statutes 431:14G-102
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Company: means the Hawaii employers' mutual insurance company established by this article. See Hawaii Revised Statutes 431:14A-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fraud: Intentional deception resulting in injury to another.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • plan: means a health plan as defined in section 431:10A, or chapter 432 or 432D, regardless of form, offered or administered by a health care insurer, including but not limited to a mutual benefit society or health maintenance organization, or voluntary employee beneficiary associations, but shall not include disability insurers licensed under chapter 431. See Hawaii Revised Statutes 431:14G-102
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Rate: means every rate, charge, classification, schedule, practice, or rule. See Hawaii Revised Statutes 431:14G-102
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Statute: A law passed by a legislature.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • Verdict: The decision of a petit jury or a judge.