Maryland Insanity - Form of Verdict
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How to fill out Insanity - Form Of Verdict?
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FAQ
AFFIRMATIVE DEFENSE - It is an affirmative defense under any Federal statute 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.
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 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 M'Naghten test seeks to determine whether the accused person knew the nature of the crime he or she is alleged to have committed, or understood right from wrong at the time it was committed. This is the most widely used test for criminal insanity in the United States.
Maryland's test for a finding of legal insanity (not criminally responsible [NCR]) allows a defendant to be found legally insane due to either a lack of appreciation of wrongfulness (cognitive impairment [CI]) or lack of ability to refrain from illegal behavior (volitional impairment [VI]).
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.
Each state, and the District of Columbia, has its own statute setting out the standard for determining whether a defendant was legally insane, and therefore not responsible, at the time his crime was committed.
The Model Penal Code test is much broader than the M'Naghten Rule and the Irresistible Impulse Test. The M'Naghten rule requires the inability to understand right from wrong under. The Irresistible Impulse Test requires the inability to control an impulse even though the defendant knows that it is wrong.
