(DOWNLOAD) "People V. Samuel" by Supreme Court Of California # Book PDF Kindle ePub Free
eBook details
- Title: People V. Samuel
- Author : Supreme Court Of California
- Release Date : January 15, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
It is a fundamental canon of criminal law, and a foundation of due process, that "A person cannot be tried or adjudged to punishment while such person is mentally incompetent." (Pen. Code, § 1367; Pate v. Robinson (1966) 383 U.S. 375, 378 [15 L.Ed.2d 815, 818, 86 S.Ct. 836]; People v. Laudermilk (1967) 67 Cal. 2d 272, 282 [61 Cal. Rptr. 644, 431 P.2d 228]; People v. Pennington (1967) 66 Cal. 2d 508, 516-517 [58 Cal. Rptr. 374, 426 P.2d 942].) We have heretofore defined the threshold requirement of substantial evidence of mental incompetence that entitles a defendant to a hearing to determine such competence under Penal Code section 1368. (People v. Beivelman (1968) 70 Cal. 2d 60, 70-72 [73 Cal. Rptr. 521, 447 P.2d 913]; People v. Laudermilk, supra ; People v. Pennington, supra.)