Kentucky Jury Instruction - Insanity
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FAQ
For a court to instruct the jury on the insanity defense, the defendant must, by clear and convincing evidence, show only that a reasonable juror could conclude that the defendant was legally insane at the time of the crime.
Section 504.020 - Mental illness or intellectual disability (1) A person is not responsible for criminal conduct if at the time of such conduct, as a result of mental illness or intellectual disability, he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the ...
A judge determines competency; a jury determines insanity. Therefore, competency is determined before a trial commences, while insanity is determined at the end of trial with the verdict.
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. The defendant did not know the nature or quality of the criminal act he or she committed or that the act was wrong because of the mental defect or disease.