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Alaska Criminal Pattern Jury Instruction 1.44D

AFFIRMATIVE DEFENSE OF INSANITY

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

As I have explained to you, the state must prove the elements of the offense "beyond a reasonable doubt." In Instruction No. _____, I explained to you what it means to prove something beyond a reasonable doubt.

But some of the questions in this case must be decided according to a different standard, which is known as the "preponderance of the evidence" standard. Something is proved by "a preponderance of the evidence" when the evidence persuades you that it is more likely true than not true. When I specifically instruct you to decide whether something "is more likely true than not true," you must apply this standard rather than the "reasonable doubt" standard.

History

Alaska Criminal Pattern Jury Instructions 1.44D, 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
5de8b86995774defed759b5e11980c284cfe095c8c833ba94f8312cc661523a7
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