Illinois Insanity - Form of Verdict
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How to fill out Insanity - Form Of Verdict?
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FAQ
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.
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.
What happens to someone found guilty but mentally ill? The defendant will typically receive the same sentence as someone who was "guilty," but the defendant is supposed to start his or her sentence in a mental health facility and then be transferred to prison after treatment is completed.
Developed by the American Law Institute, the Model Penal Code test is what Illinois uses to define the insanity defense.
: a verdict available in some jurisdictions in cases involving an insanity defense in which the defendant is considered as if having been found guilty but is committed to a mental hospital rather than imprisoned if an examination shows a need for psychiatric treatment compare not guilty by reason of insanity.
Michigan, Indiana, and Illinois had passed legislation providing for a guilty but mentally ill verdict at the time of Hinckley's acquittal: Michigan in 1975; Indiana in 1980; and Illinois in 1981. See 1975 Mich.
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.
6-2. Insanity. (a) A person is not criminally responsible for conduct if at the time of such conduct, as a result of mental disease or mental defect, he lacks substantial capacity to appreciate the criminality of his conduct.
