Legal Question in Criminal Law in California
In a jury trial for a mental case 2970; does the vote for retention another year in mental hospital have to be Unanimous?
Asked on 1/15/10, 12:11 pm
1 Answer from Attorneys
Brian McGinity
McGinity Law Office
The quick answer to your question is under California Penal Code, Section 2972 the Standard of Proof required is beyond a reasonable doubt and there is a right to a jury trial and if the petition is taken to a hearing with a jury then it must be unanimous.
So what this means is that under 2970 if the district attorney files a petition with the court to continue the involuntary treatment and no agreement is reached between the parties then under 2972, the next step is a hearing. The person being treated has the right to a jury trial and the decision must be unanimous.
Answered on 1/20/10, 4:11 pm
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