Vermont Jury Instruction - Insanity
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FAQ
§ 4801. (1) A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect the person lacks adequate capacity either to appreciate the criminality of the person's conduct or to conform the person's conduct to the requirements of law.
Psychiatrist, a medical doctor who diagnoses and treats mental illnesses.
A judge determines competency; a jury determines insanity. Therefore, competency is determined before a trial commences, while insanity is determined at the end of trial with the verdict.
(3) The burden of proof that an accused was suffering from a mental disorder so as to be exempt from criminal responsibility is on the party that raises the issue.
Canadian legislators first incorporated the insanity defence in the Criminal Code in 1892, based mainly on the language used for the M'Naghten rule. However, anyone found unfit to stand trial or acquitted because of insanity was to be held in ?strict custody at the pleasure of? the provincial lieutenant governor.
There are several legal tests used by State courts to determine whether someone was insane at the time of the incident. These insanity defenses include the M'Naghten Rule; the Irresistible Impulse Test; the Durham Rule; and the Model Penal Code test.