DE · jury_instructions
Del. P.J.I. Crim. No. 5.33
Mental Illness or Mental Defect [Limitations]
MENTAL ILLNESS OR MENTAL DEFECT [LIMITATIONS]
I have previously instructed you on the affirmative defense of "not guilty by
reason of insanity" [and/or the verdict of "guilty, but mentally ill"].
This defense is not available if the alleged mental illness or mental defect was
proximately caused by the voluntary ingestion, inhalation, or injection of intoxicating
liquor, any drug or other mentally debilitating substance, or any combination of
substances, unless such substance was prescribed for the defendant by a licensed
health care practitioner and was used in accordance with the directions for the
prescription. The terms "mental illness" or “mental defect” do not include any
condition that manifests itself only by repeated criminal or other anti-social conduct.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
9a55e3c6e1574d6c3a9fefaa51365baf0c024f63da948949eac258bd5b491945
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