Georgia Motion for Acquittal Based on Insanity

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Multi-State
Control #:
US-00836
Format:
Word; 
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Description

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
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FAQ

Under the "Irresistible Impulse" test a jury may find a defendant not guilty by reason of insanity where the defendant was laboring under a mental disease or defect that compelled them to commit the object offense. This test is well-suited for people suffering from mania and/or paraphilias.

A verdict of not guilty by reason of insanity results in an acquittal of the defendant; a verdict of guilty but mentally ill is a conviction, but the defendant must be given treatment during his confinement.

What Is an NGI Defense? An insanity plea, or NGI plea, is generally entered into when the defense contends that an accused defendant was criminally insane at the time of the act.

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.

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.

If a court accepts the proof of temporary insanity and finds you not guilty, you are not likely to face time in a psychiatric facility. The temporary insanity defense is rare. It is typically used for circumstances where events leading up to the criminal act had a direct impact on the commission of the crime itself.

Georgia Law O.C.G.A. §16-3-2 Outlines the Insanity Defense If the defendant is legally insane at the time of his criminal act, no criminal liability will be imposed. The burden of proof is on the defendant to prove insanity by a preponderance of the evidence while the State must prove sanity beyond a reasonable doubt.

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Georgia Motion for Acquittal Based on Insanity