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
Utah Motion for Acquittal Based on Insanity
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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 ...
California Penal Code Section 25 provides for what is commonly known as the ?insanity defense.? Studies show that the insanity defense is used very rarely ? in less than 1% of all felony cases in the United States, and even when it is used, it is seldom successful.
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.
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.
Defendants found not guilty by reason of insanity are rarely set free. Instead, they are almost always confined in mental health institutions. They may remain confined for a longer period of time than had they been found guilty and sentenced to a term in prison.
Utah is one of the four states without a traditional insanity defense, along with Kansas, Idaho, and Montana.
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.
In these cases, the defendant may receive treatment in an institution and will be prevented from leaving if they're considered a danger to society. Four states, including Kansas, Montana, Idaho, Utah, don't explicitly allow for the insanity defense.
