Minnesota Motion for Acquittal Based on Insanity

State:
Multi-State
Control #:
US-00836
Format:
Word; 
Rich Text
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Description

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
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FAQ

If the court determines that the child is competent by the greater weight of evidence, the court shall enter a written order finding competency. Otherwise, the court shall enter a written order finding incompetency. The court shall enter its written order within fifteen (15) days of the hearing.

(a) Finding of Competency. If the court finds the defendant competent, the criminal proceedings must resume. (b) Finding of Incompetency. If the court finds the defendant incompetent, and the charge is a misdemeanor, the charge must be dismissed.

The court will then order a mental capacity evaluation by a licensed psychologist to determine a defendant's mental health and competency. If the psychologist determines that the person meets the standard of incompetency, those findings will be provided to the court pursuant to Rule 20.02.

(a) The court has issued an order permitting the filing of the particular document or class of documents under seal or as confidential. (b) This rule or any applicable court rule, court order, or statute expressly authorizes or requires filing under seal or as confidential.

Pursuant to Minnesota Rules of Criminal Procedure (20.01 and 20.02), Rule 20 evaluations occur in criminal cases when there is a belief that a defendant may not be competent to proceed with the case or was not responsible at the time of the alleged offense because of mental illness or developmental disability.

The prosecutor may dismiss a complaint or tab charge without the court's approval, and may dismiss an indictment with the court's approval. The prosecutor must state the reasons for the dismissal in writing or on the record.

No person having a mental illness or cognitive impairment so as to be incapable of understanding the proceedings or making a defense shall be tried, sentenced, or punished for any crime; but the person shall not be excused from criminal liability except upon proof that at the time of committing the alleged criminal act ...

Rule 21. Parties may be dropped or added by order of the court on motion of any party or upon the court's own initiative at any stage of the action and on such terms as are just.

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Minnesota Motion for Acquittal Based on Insanity