Defendant, through his/her attorney moves the court that he/she be acquitted of certain matters because he/she is both-feeble minded and insane
Colorado Motion for Acquittal Based on Insanity
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After a person is determined to be Insane and receives a Not Guilty by Reason of Insanity finding, the defendant will remain in custody for a lengthy period of time. This could be at the Colorado Mental Health Institute in Pueblo. The length of time that a defendant could stay in custody varies?by months or even years.
A legal determination of acquittal by reason of insanity puts the legal question to rest so that both patient and providers can work unencumbered toward recovery goals.
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.
Bobbitt argued that she suffered years of abuse and was sexually assaulted by John Bobbitt, which resulted in her snapping and cutting off his genitals. The jury found her not guilty by reason of temporary insanity. Bobbitt was ordered by a judge to go through a 45-day evaluation period in a mental hospital.
Legal insanity requires that the person, by reason of mental disease or defect was incapable of either: Knowing the nature of his or her act. Understanding the nature of his or her act. Distinguishing between right and wrong at the time of commission of the crime.
?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.
1.1. (Note that Colorado is not a state that allows defendants to plead guilty but mentally ill (GBMI).) Colorado's definition of insanity is adapted from the M'Naghten Rule: Even if the defendant knew the nature and quality of what he/she was doing, he/she is insane if he/she did not know it was wrong.
The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to a psychiatric disease at the time of the criminal act.
