Do you understand that you have a constitutional right to be present at both this jury selection and the trial proper? He is aware of thenames of the charges against him and has an understanding of what he is alleged to have done. Is that your position, Mr.
In New York, the determination as to whether to order a competency hearing is a matter left to the sound discretion of the trial court People v Russell, 74 NY2d Indeed, a sua sponte competency hearing might well have been viewed by the defense as interfering with its strategy regarding the insanity defense, as well as its unequivocal determination to proceed to trial at that time and before that particular jury.
He says the D. Tortorici, I have asked you earlier, and I will reask it. Yes, it is, Judge. Lynch has spoken with you with regard to your personal presence being dispensed with at this pretrial hearing.
Lynch is] going to proceed in your absence on your behalf? Lynch, your right to look at those jurors, your right to speak to Mr.
He is certainly in need of stabilization. This report contained the most recent opinion of a psychiatrist who examined defendant for the purpose of determining competency Tragic case of ralph tortorici essay stand trial, and therefore was entitled to significant weight.
Yes, that is correct. Thus, in a report dated March 3,psychiatrists certified defendant as "fit to proceed. The sole issue before us is whether the trial court abused that discretion, not whether it might have been reasonable toorder a hearing.
Article of the Criminal Procedure Law sets out the procedures courts of this State must follow in order to prevent the criminal trial of a defendant "who as a result of mentaldisease or defect lacks capacity to understand the proceedings against him or to assist in his own defense" CPL At a suppression hearing held on November 16,defendant expressed his desire to be absent from that hearing.
He is incapable of rational participation in court proceedings. The Court stated that "[t]he trial court was entitled to give weight to the findings and conclusions of competency derived from the most recent examination" id.
On the contrary, defense counsel consistently made clear that defendant was competent and the defense was ready to proceed.
Let me make this clear, please: I made that point clear. Accordingly, the order of the Appellate Division should be affirmed.
That burden, however, was not met here. Do you understand what Mr. Tortorici is not fit to proceed to trial. In light of all the evidence before him, including Dr. In fact, as the Appellate Division observed, many of Dr.
ByFebruary 28,after two months of receiving such care, defendant had exhibited such marked signs of psychiatric improvement that his doctors were then led to conclude that defendant was at that point competent to return to court. On March 7,four days after he was certified fit to proceed, defendant was indicted and thereafter arraigned some thirteen days later.
After having examined defendant at some lengthfollowing the incident, psychiatrists concluded that the incident itself was "the product of a longstanding mental disorder, most notably a paranoid delusional system. The Trial Judge additionally could consider his "progressive personal observations of defendant," during which defendant clearly indicated that he understood his right to be present in the courtroom and consult with counsel, and also understood the proceedings that would ensue in his absence id.
Because I believe the trial court abused its discretion in failing to insure that defendant was competent to stand trial and because I believe that an incompetent defendant may have been convicted of these brutal crimes, I dissent.
Nothing in the record before us, however, demonstrates that either of these recommendations was adequately followed.The Case of Ralph Tortorici incompetency to stand trial. The case of Ralph Tortorici is as curious as it is tragic. The man was psychologically unstable; his was an unfortunate case of schizophrenic paranoia.
The courts Essay Writing. Questions Archive. SUBJECTS WE COVER Accounting. Even after Dr. Siegel's examination of defendant (which defendant's lawyer attended), defendant's lawyer emphasized that "the law of this case is that there had been a previous determination, after Mr.
Tortorici's stay at Mid–Hudson, that he was in fact fit to proceed.". Tragic Case of Ralph Tortorici Essay - The film we watched was a Frontline documentary about the tragic case of Ralph Tortorici called A Case of Insanity. On December 14, Ralph went into a lecture hall with a rifle and a hunting knife.
Free Essay: The film we watched was a Frontline documentary about the tragic case of Ralph Tortorici called A Case of Insanity.
On December 14, Ralph. The film we watched was a Frontline documentary about the tragic case of Ralph Tortorici called A Case of Insanity.
On December 14, Ralph went into a lecture hall with a rifle and a hunting knife taking the whole classroom hostage. He demanded to speak to President Clinton, and threatened to. Ralph Tortorici is led away by police after he held 35 students hostage for 2 hours at the University at Albany iin December 20 years after Ralph Tortorici took class hostage at UAlbany.Download