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CO · jury_instructions

COLJI-Crim. F:183

INSANITY

activein force · 2026-02-25 – presentcompiled-edition

Under the two legal tests defining “insanity,” a person is not

accountable if:

1. he [she] was so diseased or defective in mind at the time of the

commission of the act as to be incapable of distinguishing right

from wrong with respect to that act; or

2. he [she] suffered from a condition of mind caused by a mental

disease or defect that prevented him [her] from forming a

culpable state of mind that is an essential element of a crime

charged.

But, under both tests, care should be taken not to confuse mental

disease or defect with moral obliquity, mental depravity, or passion

growing out of anger, revenge, hatred, or other motives and kindred evil

conditions because, when an act is induced by any of these causes, the

person is accountable to the law.

History

COLJI-Crim. (2025), Colorado Supreme Court Model Criminal Jury Instructions Committee. The committee's page: "The 2025 edition was published online on February 25, 2026." © 2025 Supreme Court of Colorado for the State of Colorado.

Provenance

Source
www.coloradojudicial.gov
Retrieved
2026-09-24
Edition
crim-2026-02-25
Content hash
53bcc93ee1c49e605b5d24d538a093b1a7c2a9a7e6a0b410f3a710008e330138
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