Arizona 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.

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FAQ

Under this M'Naghten test, all defendants are presumed to be sane unless they can prove that?at the time of committing the criminal act?the defendant's state of mind caused them to (1) not know what they were doing when they committed said act, or (2) that they knew what they were doing, but did not know that it was ...

The four versions of the insanity defense are M'Naghten, irresistible impulse, substantial capacity, and Durham. The two elements of the M'Naghten insanity defense are the following: The defendant must be suffering from a mental defect or disease at the time of the crime.

Most states used the M'Naghten rule to test if a person was insane at the time of a crime. The test has two parts. The first asks if the person understands what they did, and the second asks if they understand that what they did was wrong. However, Arizona state law only uses the second part of the rule.

Subsequently, courts adopted the complete M'Naughten rule at least as early as 1974, as described in the Arizona Supreme Court decision in State v. Karstetter. In 1977, the legislature codified the full M'Naughten rule as the state's insanity test in A.R.S. § 13-502.

In the state of Arizona, a mentally ill plea is known as guilty except insane. When entering this plea, you must undergo a guilty except insane evaluation by a psychologist who will then give a diagnosis to the court. A credible doctor must be used and must bring forth evidence to prove any of their findings.

The M'Naghten rule says a defendant may be acquitted of a crime if he or she labored ?under such defect of reason from disease of the mind? as to not realize what they were doing or why it was a crime. It's also known as the ?right-wrong? test.

Clearly, if a person is unable to control their actions because of a mental defect they should not be held criminally liable for their behavior. In these circumstances, the Legal Defense of Insanity may apply. California's Insanity Defense follows the standard established by the M'Naghten rule.

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Arizona Insanity - Form of Verdict