AK · jury_instructions
Alaska Criminal Pattern Jury Instruction 1.42F
COMBINED DEFENSES OF INSANITY AND DIMINISHED CAPACITY
If you find that the state has proved all of the elements of the offense beyond a reasonable doubt and you find that the defendant is not "not guilty by reason of insanity," then you must decide whether the defendant is "guilty but mentally ill."
For you to return a verdict of "guilty but mentally ill," you must find that the following two statements are proven beyond a reasonable doubt
(1) when the defendant engaged in the criminal conduct, the defendant was suffering from a mental disease or defect, and
(2) as a result of this mental disease or defect, the defendant either (a) lacked the substantial capacity to appreciate the wrongfulness of that conduct or (b) lacked the substantial capacity to conform that conduct to the requirements of the law.
If you find that statements (1) and (2) are proven beyond a reasonable doubt, then you must stop deliberating and return a verdict of "guilty but mentally ill."
If you do not find that statements (1) and (2) are proven beyond a reasonable doubt, then you must return a verdict of "guilty."
History
Alaska Criminal Pattern Jury Instructions 1.42F, dated Revised 2016. Prepared by the Alaska Criminal Pattern Jury Instructions Committee; published by the Alaska Court System. The Alaska Court System states that these instructions "have not been approved or promulgated by any court or the Alaska Bar Association." Printed in the committee's instruction packet 1.42 (Combined Defenses of Insanity and Diminished Capacity).
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
8b71097fbd035f1d15034501a18b874f4a7a15283f5910517c73fe67b59f4870
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