Title: Understanding the Arkansas Motion for Acquittal Based on Insanity Introduction: The Arkansas Motion for Acquittal Based on Insanity serves as a legal defense strategy used in criminal cases where the defendant argues that their mental state at the time of the offense should absolve them of criminal responsibility. This article aims to provide a detailed description of the motion, its legal framework, requirements, and different types commonly recognized in Arkansas. Keywords: Arkansas, Motion for Acquittal, Insanity, criminal cases, mental state, defense strategy I. Legal Foundation The Motion for Acquittal Based on Insanity is based on the legal principle that individuals suffering from mental disorders may lack the mental capacity to understand their actions and, therefore, should not be held criminally responsible. Keywords: legal principle, mental capacity, criminal responsibility II. Requirements for the Motion 1. The Defendant's Mental Disorder: In Arkansas, defendants must show that they suffered from a mental disorder at the time of the offense. This can include conditions such as schizophrenia, bipolar disorder, or major depressive disorder. Keywords: mental disorder, schizophrenia, bipolar disorder, major depressive disorder 2. Lack of Capacity to Appreciate Wrongfulness: The defendant must demonstrate that their mental disorder impaired their capacity to appreciate the nature and wrongfulness of their actions during the commission of the offense. Keywords: lack of capacity, appreciate wrongfulness, impaired, mental disorder III. Types of Arkansas Motions for Acquittal Based on Insanity 1. M'Heighten Rule: Under this rule, the defendant must prove that they did not know the nature or quality of their actions or that what they were doing was wrong due to their mental disorder. Keywords: M'Heighten Rule, nature or quality of actions, wrong, mental disorder 2. Model Penal Code: Arkansas recognizes the Model Penal Code (MPC) test, wherein the defendant must establish a lack of substantial capacity to appreciate the criminality of their conduct or to conform their behavior to the requirements of the law. Keywords: Model Penal Code, lack of substantial capacity, appreciate criminality, conform behavior 3. Durham Rule: Although not specifically utilized in Arkansas, it's essential to mention the Durham Rule, which requires the defendant to demonstrate that their actions were the result of a mental disease or defect. Keywords: Durham Rule, mental disease, mental defect Conclusion: The Arkansas Motion for Acquittal Based on Insanity provides defendants with an opportunity to argue that their mental disorder affected their ability to comprehend the nature of their actions and their wrongfulness. By employing different legal standards like the M'Heighten Rule, the Model Penal Code, or incorporating aspects of the Durham Rule, Arkansas courts aim to ensure fairness and justice in criminal proceedings involving individuals with mental health conditions. Keywords: Arkansas, Motion for Acquittal, Insanity, mental disorder, legal standards, fairness, justice
Arkansas Motion for Acquittal Based on Insanity
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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.
?Not guilty by reason of insanity? is a plea by a criminal defendant who admits the criminal act, but claims that they were mentally disturbed at the time of the crime and lacked the mental capacity to have intended to commit a crime. Such a plea requires that a court conduct a trial on the issue of insanity alone.
If the defendant is found "guilty except insane," the judge will sentence the defendant to a term of prison in the state department of corrections and will order that the defendant be placed under the jurisdiction of the psychiatric security review board and committed to a state mental health facility under the ...
The GBMI verdict authorizes both a conventional criminal sanction and psychiatric treatment for a mentally ill defendant who sought to be found not guilty by reason of insanity.
A person may be found guilty except insane if at the time of the commission of the criminal act the person was afflicted with a mental disease or defect of such severity that the person did not know the criminal act was wrong. A mental disease or defect constituting legal insanity is an affirmative defense.
Which of the following is true about the verdict of "guilty but mentally ill"? It has been adopted by some states as an alternative to the verdict of "not guilty by reason of insanity."
Ing to an eight-state study, the insanity defense is used in less than 1% of all court cases and, when used, has only a 26% success rate. Of those cases that were successful, 90% of the defendants had been previously diagnosed with mental illness.