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
Montana Motion for Acquittal Based on Insanity
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FAQ
In 1979 the Montana Legislature abolished the insanity defense1 and adopted what was then a new approach to addressing criminal defendants who are mentally ill and commit crimes.
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.
?Not guilty by reason of insanity? is a plea entered by a defendant in a criminal trial, where the defendant claims that they were so mentally disturbed or incapacitated at the time of the offense that they did not have the required intention to commit the crime, and are therefore not guilty.
If a defendant successfully pleads not guilty by reason of insanity, they will not simply be released. Instead, the judge will order the defendant to be involuntarily placed in a psychiatric facility or mental institution rather than prison.
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.
As an affirmative defence, the defendant must first prove that they had a mental disorder at the time of the offence. The accused then must prove that the condition rendered them incapable of understanding what they were doing in the commission of the crime or knowing that it was legally or morally wrong.
