A Hawaii Motion for Acquittal Based on Insanity refers to a legal process utilized in the state of Hawaii where a defendant seeks to be acquitted of criminal charges due to their mental state at the time of the offense. This motion argues that the defendant's mental illness was a significant factor in their inability to understand the nature or consequences of their actions, thereby rendering them not guilty by reason of insanity. It is important to note that there are two types of Hawaii Motion for Acquittal Based on Insanity: 1. M'Heighten Test: This type of motion is based on the M'Heighten rule, a well-established legal test used to determine insanity. According to Hawaii law, a defendant can be acquitted if they were suffering from a mental illness that prevented them from knowing the nature and quality of their actions or if they did not understand that their actions were morally wrong. 2. Diminished Capacity: This type of motion is based on the concept of diminished capacity, which focuses on the defendant's mental state at the time of the offense. It argues that even though the defendant may not meet the strict criteria for insanity under the M'Heighten rule, their mental illness still impaired their ability to form the requisite intent required for the crime they are accused of. In both types of motions, the burden of proof lies with the defendant, who must establish by a preponderance of the evidence that they were insane or had diminished capacity at the time of the offense. It is crucial to consult with an experienced attorney familiar with Hawaii's legal system if you plan to pursue a Motion for Acquittal Based on Insanity. They will evaluate your case, gather evidence, and present a compelling argument to the court on your behalf to ensure your rights are protected.