Rhode Island Motion for Acquittal Based on Insanity

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

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 a court accepts the proof of temporary insanity and finds you not guilty, you are not likely to face time in a psychiatric facility. The temporary insanity defense is rare. It is typically used for circumstances where events leading up to the criminal act had a direct impact on the commission of the crime itself.

A party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it the pleading at any time within twenty (20) ...

Article I, Rule 12A(1) of the Rhode Island Supreme Court Rules of Appellate Procedure requires the submission of Prebriefing Statements. That rule provides, in relevant part: ?Within twenty (20) days after the docketing of the record of an appeal with the clerk of the Supreme Court, . . . the appellant . . .

Rule 23 - Trial by Jury or by the Court. (a)Trial by Jury. Cases required to be tried by jury shall be so tried unless the defendant in open court waives a jury trial in writing with the approval of the court.

On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, or excusable neglect; (2) Newly discovered evidence which by due diligence could not have been discovered ...

Rule 12 - Pleadings and Motions before Trial-defenses and Objections. (a)Pleadings and Motions. Pleadings in criminal proceedings shall be the indictment, information, or complaint, and the pleas of not guilty, guilty and nolo contendere.

Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing | Federal Rules of Civil Procedure | US Law | LII / Legal Information Institute. About LII. Federal Rules of Civil Procedure.

?In order to be an excuse and defense for a criminal act, the person accused, and who claims [temporary] insanity as a defense, must prove that the crime charged was caused by mental disease or unsoundness which dethroned, overcame, or swayed her reason and judgment with respect to that act, which destroyed her power ...

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Rhode Island Motion for Acquittal Based on Insanity