Alaska Insanity - Form of Verdict

State:
Multi-State
Control #:
US-00884
Format:
Word; 
Rich Text
Instant download

Description

Sample Jury Instruction - This sample jury instruction asks the jury to find the Defendant not guilty by reason of insanity.

How to fill out Insanity - Form Of Verdict?

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FAQ

In these cases, the defendant may receive treatment in an institution and will be prevented from leaving if they're considered a danger to society. Four states, including Kansas, Montana, Idaho, Utah, don't explicitly allow for the insanity defense.

Four variations of the insanity defense currently exist: M'Naghten, irresistible impulse, substantial capacity, and Durham. M'Naghten Insanity Defense. ... Irresistible Impulse Insanity Defense. ... The Substantial Capacity Test. ... The Durham Insanity Defense. ... Proving Insanity. ... Diminished Capacity. ... Mental Competence to Stand Trial.

The guilty but mentally ill (GBMI) verdict is premised on the notion that when a defendant raises a claim of insanity, the jury should be permitted to return a verdict that falls between the total inculpation of a guilty verdict and the complete exoneration of a not guilty by reason of insanity verdict.

GBMI verdict is a term that refers to Guilty but mentally ill. On the other hand, NGRI refers to Not guilty by reason of insanity verdict is a term used to declare that an NGRI Acquittal is an acquittal as set by the code of the criminal procedure.

In Alaska, insanity is an affirmative defense. The defendant has the burden to prove that they were legally insane at the time the crime was committed. Insanity is a perfect defense, and the defendant who successfully proves insanity must be acquitted of criminal wrongdoing.

After a defendant makes this plea, he/she is usually sent to a state mental health facility, a county mental health evaluation and treatment facility or another mental health facility for up to 30 days. Upon arrival, experts will examine the defendant to see if he/she is truly insane.

If the person is found to be insane, the person will be confined in a state hospital or placed in the Contra Costa County Conditional Release Program (CONREP). The person may be confined for a length of time equal to the maximum sentence that could have been imposed for their crime.

Section 12.47. 010 - Insanity as affirmative defense (a) In a prosecution for a crime, it is an affirmative defense that when the defendant engaged in the criminal conduct, the defendant was unable, as a result of a mental disease or defect, to appreciate the nature and quality of that conduct.

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Alaska Insanity - Form of Verdict