Conn. Crim. Jury Instr. 8.1-4

Note: This affirmative defense is available when the defendant is charged under § 21a-278,

Instruction 8.1-2, or § 21a-278a (a), Instruction 8.1-3.

The statute allows the defendant to raise the affirmative defense that (he/she) is drug-dependent.

<Insert Affirmative Defense, Instruction 2.9-1.>

A “drug-dependent person” is defined by law as “a person who has a psychoactive substance

dependence on drugs as that condition is defined in the most recent edition of the Diagnostic and

Statistical Manual of Mental Disorders of the American Psychiatric Association.” “Drug

dependence” is defined by law to be “a psychoactive substance dependence on drugs as that

condition is defined in the most recent edition of the Diagnostic and Statistical Manual of

Mental Disorders of the American Psychiatric Association.” It is the current standard that must

be applied in determining the question of drug dependency.

<Insert the current criteria from the most recent edition of the DSM.>

<Substitute for the conclusion in the offense instruction:>

Conclusion

In summary, the state must prove beyond a reasonable doubt that <summarize elements of

offense.>

If you unanimously find that the state has failed to prove beyond a reasonable doubt any of the

elements of the crime of <insert name of offense>, you shall then find the defendant not guilty

and not consider (his/her) affirmative defense.

If you unanimously find that the state has proved beyond a reasonable doubt each of the

elements, then you shall consider the defendant’s affirmative defense. If you unanimously find

that the defendant has proved by a preponderance of the evidence that (he/she) was drug-dependent at the time of the offense, then you shall find the defendant not guilty. If you

unanimously find that the defendant has not proved by a preponderance of the evidence that

(he/she) was drug-dependent at the time of the offense, then you shall find the defendant guilty.