9th Cir. Model Jury Instr. (Criminal) 5.6

The defendant contends [he] [she] was insane at the time of the crime. Insanity is a defense to the charge. The sanity of the defendant at the time of the crime charged is therefore a question you must decide.

A defendant is insane only if at the time of the crime charged:

First, the defendant had a severe mental disease or defect; and

Second, as a result, the defendant was unable to appreciate the nature and quality or the wrongfulness of [his] [her] acts.

The defendant has the burden of proving the defense of insanity by clear and convincing evidence. Clear and convincing evidence of insanity means that it is highly probable that the defendant was insane at the time of the crime. Proof by clear and convincing evidence is a lower standard of proof than proof beyond a reasonable doubt.

You may consider evidence of the defendant’s mental condition before or after the crime in deciding whether the defendant was insane at the time of the crime. Insanity may be temporary or extended.

Your finding on the question of whether the defendant was insane at the time of the crime must be unanimous.

[Your verdict form will allow you to select from three possible verdicts:

If you unanimously agree that the government has failed to prove the defendant guilty

beyond a reasonable doubt and (2) the defendant has not proven insanity by clear and convincing evidence, you must select “not guilty”;

If you unanimously agree that (1) the government has proven the defendant guilty beyond a

reasonable doubt, you must select “guilty”;

If you unanimously agree that the government has proven the defendant guilty beyond a

reasonable doubt, and you also unanimously agree that the defendant has proven by clear and convincing evidence that [he] [she] was insane at the time of the crime charged, you must select

“not guilty only by reason of insanity.”]