AK · jury_instructions
Alaska Criminal Pattern Jury Instruction 1.43B
DEFENSE OF DIMINSHED CAPACITY
"Mental disease or defect" means a disorder of thought or mood that substantially impairs a person's judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. It also includes intellectual and developmental disabilities that result in significantly below average general intellectual functioning that impairs a person’sability to adapt to or cope with the ordinary demands of life.
"Mental disease or defect"
Evidence of a mental condition that is manifested only by repeated criminal conduct or other antisocial conduct is not sufficient to establish that the defendant is "not guilty by reason of insanity" or "guilty but mentally ill." However, you must consider such evidence when you decide whether the defendant (insert requisite culpable mental state(s)).
History
Alaska Criminal Pattern Jury Instructions 1.43B, 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 1.43 (Defense of Diminished Capacity).
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
0a26f61f03e194221c2464f29b41d98d9f91afa4e0d5723017b33decfbdc4718
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