Kalamazoo, MI asked in Criminal Law for Indiana

Q: I'm doing a paper for school, and wanted to ask how the testing process for the insanity plea normally goes during trial

I need to know how long the testing normally goes for, what happens to the trial during that time, etc. Thank you for your time

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1 Lawyer Answer
Andrew L. Bennett
Andrew L. Bennett
  • Criminal Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: If a person is claiming insanity, they must file a notice with the court, long before trial. In Indiana there is a specific statute for defenses and when they must be filed. If the court agrees there is a basis for the assertion of insanity, the court will appoint 2 to 3 independent psychologists, psychiatrists who will each prepare a report after interviewing the defendant. Once the court, the prosecutor and the defense attorney have the reports there will be a court hearing to determine how to proceed.

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