Bifurcation Under State Procedure
State procedures differ widely.
In some states, a defendant who has raised the defense of mental disease or defect will automatically create a bifurcated trial. In the first stage of the trial, both sides present evidence and testimony designed to establish that the defendant is either guilty or not guilty. If the defendant is guilty, the issue of mental disease is presented.
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“The society would permit no books of fiction in its collection because the town fathers believed that fiction ‘worketh abomination and maketh a lie.’”
—For the State of Rhode Island, U.S. public relief program (1935-1943)