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
Maryland Motion for Acquittal Based on Insanity
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Under Maryland law, a defendant can plead ?not criminally responsible,? otherwise known as an insanity plea. Not criminally responsible means that the person was ?insane? at the time of the offense. It is necessary to file such a plea at the time of the initial pleading.
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.
Section 3-109 - Test for criminal responsibility (a) A defendant is not criminally responsible for criminal conduct if, at the time of that conduct, the defendant, because of a mental disorder or mental retardation, lacks substantial capacity to: (1) appreciate the criminality of that conduct; or (2) conform that ...
Four variations of the insanity defense currently exist: M'Naghten, irresistible impulse, substantial capacity, and Durham. M'Naghten Insanity Defense. ... Irresistible Impulse Insanity Defense. ... The Substantial Capacity Test. ... The Durham Insanity Defense. ... Proving Insanity. ... Diminished Capacity. ... Mental Competence to Stand Trial.
Legal insanity requires that the person, by reason of mental disease or defect was incapable of either: Knowing the nature of his or her act. Understanding the nature of his or her act. Distinguishing between right and wrong at the time of commission of the crime.
?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.
Bobbitt argued that she suffered years of abuse and was sexually assaulted by John Bobbitt, which resulted in her snapping and cutting off his genitals. The jury found her not guilty by reason of temporary insanity. Bobbitt was ordered by a judge to go through a 45-day evaluation period in a mental hospital.
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.
