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Alaska Criminal Pattern Jury Instruction 1.44A

AFFIRMATIVE DEFENSE OF INSANITY

activein force · 2016-01-01 – presentas-observed

If you conclude that the state has proved all of the elements of the offense beyond a reasonable doubt, then you must decide whether the defendant is "not guilty by reason of insanity."

For you to find that the defendant is "not guilty by reason of insanity," you must find that the defendant has proved that the following statements are more likely true than not true:

(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 was unable to understand the nature and quality of that conduct.

If you find that statements (1) and (2) are both more likely true than not true, then you must return a verdict of "not guilty by reason of insanity" for this offense.

If you do not find that statements (1) and (2) are both more likely true than not true, then you must next decide whether the defendant is "guilty but mentally ill" or is simply "guilty."

History

Alaska Criminal Pattern Jury Instructions 1.44A, 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 1.44 (Affirmative Defense of Insanity).

Provenance

Source
courts.alaska.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
bf5d41cb7d9e7fae17d7ffd50acac56de7aa6218d47b7f99cd68a56a02b59318
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