Colorado Insanity - Form of Verdict
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How to fill out Insanity - Form Of Verdict?
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FAQ
?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.
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.
Defendants found not guilty by reason of insanity are not simply released. Instead, they are usually transferred into the custody of a psychiatric facility or other mental health institution, often for a longer period than defendants convicted and sent to prison for the same offense.
A successful NGI defense means that defendant will not be incarcerated in a jail or prison, but rather will spend time in a state mental hospital until doctors determine their sanity has been restored.
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.
Ing to the American Psychiatric Association, studies show that defendants acquitted by reason of insanity are likely to spend as much or more time confined in a psychiatric institution as they would have if convicted and sentenced to jail or prison for the same crime.
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.
A successful NGI defense means that defendant will not be incarcerated in a jail or prison, but rather will spend time in a state mental hospital until doctors determine their sanity has been restored.
