Massachusetts Jury Instruction - Insanity
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How to fill out Jury Instruction - Insanity?
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Must reasonably believe that you are being attacked or about to be attacked and that your safety is in immediate danger; Must do everything reasonable in the circumstances to avoid using force, such as attempting to retreat; and. May not use force that is more than is reasonably necessary to defend yourself.
Four states (Kansas, Montana, Idaho, and Utah) explicitly don't allow for the insanity defense. In other states, the requirements of the law for proving this defense vary widely. States that allow for the insanity defense use one (or a combination) of the following legal standards: Thank you for subscribing!
Necessity or Duress Massachusetts recognizes the defense of necessity and it exonerates the defendant in circumstances where the offense committed was out of necessity to avoid a greater harm or evil than would be caused by the commission of the crime that the defendant has been accused of.
The federal insanity defense now requires the defendant to prove, by "clear and convincing evidence," that "at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts ...
The four states that do not recognize the insanity defense are Montana, Utah, Kansas, and Idaho.
The law in Massachusetts reads that a person lacks criminal responsibility if they have a mental disease or defect, and because of that mental disease or defect they: Are unable to understand the criminality or wrongfulness of their conduct; or Are unable to conform their conduct to be within the parameters of the law.
Under the law in Massachusetts, a person is not guilty of a crime if he lacked the 'criminal responsibility' when he committed the crime.
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.