Wis JI-Criminal 605

You have just heard testimony about the defendant's mental condition at the time of the

offense. You will now be asked to determine whether the defendant is not responsible by

reason of mental disease or defect. 2

Two Questions

This issue will be presented to you in the form of two questions. 3

1. At the time the crime was committed, did the defendant have a mental disease or

defect?

2. As a result of the mental disease or defect, did the defendant lack substantial

capacity either to appreciate the wrongfulness of the conduct or to conform that

conduct to the requirements of law?

You will be asked to answer the second question only if you answer the first

question "yes."

The Defendant's Burden of Proof

Before you may answer a question "yes," the defendant must satisfy you to a reasonable

certainty by the greater weight of the credible evidence 4 that the answer to that question

should be "yes."

Evidence has greater weight when it has more convincing power than the evidence

opposed to it. Credible evidence is evidence which in the light of reason and common sense

is worthy of belief. 5

The First Question

The first question is: At the time the crime was committed, did the defendant have a

mental disease or defect?

Meaning of "Mental Disease or Defect"

Mental disease or defect is an abnormal condition of the mind which substantially affects

mental or emotional processes. 6

The term "mental disease or defect" identifies a legal standard that may not exactly match

the medical terms used by mental health professionals. You are not bound by medical labels,

definitions, or conclusions as to what is or is not a mental disease or defect to which the

witnesses may have referred. 7

You should not find that a person is suffering from a mental disease or defect merely

because the person committed a criminal act, or because of the unnaturalness or enormity of

the act, or because a motive for the act may be lacking. 8

ADD THE FOLLOWING IF SUPPORTED BY THE EVIDENCE

[Temporary passion or frenzy prompted by revenge, hatred, jealousy, envy, or the like

does not constitute a mental disease or defect.] 9

[An abnormality manifested only by repeated criminal or otherwise antisocial conduct

does not constitute a mental disease or defect.] 10

[A voluntarily induced state of intoxication by drugs or alcohol or both does not

constitute a mental disease or defect.] 11

[A temporary mental state which is brought into existence by the voluntary taking of

drugs or alcohol does not constitute a mental disease or defect.] 12

[Chronic use of drugs or alcohol may produce a condition that can constitute a mental

disease or defect if the condition has become permanent.] 13

Jury Decision on the First Question

If you answer the first question "yes," you must go on to answer the second question. If

you answer the first question "no," you should not consider the second question.

The Second Question

The second question is: As a result of the mental disease or defect, did the defendant

lack substantial capacity either to appreciate the wrongfulness of the conduct or to conform

that conduct to the requirements of law? 14

If You Answer Both Questions "Yes"

If you answer both of these questions "yes," the defendant will be found to be not

responsible for the offense, and will be committed to the Department of Health Services and

will be placed in an appropriate institution unless the court determines that the defendant

would not pose a danger to (himself) (herself) or to others if released under conditions

ordered by the court. 15 In deciding whether the defendant is responsible for the criminal

conduct, you are to consider only the issue of the defendant's mental condition at the time the

offense was committed.

Verdict

Agreement by ten or more jurors is sufficient to become the verdict of the jury. 16 Jurors

have a duty to consult with one another and to deliberate for the purpose of reaching

agreement. At least the same ten jurors should agree in all the answers made. I ask you to be

unanimous if you can.

At the bottom of the verdict, you will find a place provided where dissenting jurors, if

any, will sign their names and state the answer or answers with which they do not agree.

Either the blank lines or the space below them may be used for that purpose.