Kentucky Insanity - Form of Verdict
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FAQ
Legal insanity requires that the person, by reason of mental disease or defect was incapable of either: Knowing the nature of his or her act. Understanding the nature of his or her act. Distinguishing between right and wrong at the time of commission of the crime.
(1) Who presents a danger or threat of danger to self, family or others as a result of the mental illness; (2) Who can reasonably benefit from treatment; and (3) For whom hospitalization is the least restrictive alternative mode of treatment presently available.
Post-Hinckley, some states adopted the guilty but mentally ill verdict. A defendant who is found guilty but mentally ill is not acquitted but punished and treated for mental health simultaneously while in prison.
After a defendant makes this plea, he/she is usually sent to a state mental health facility, a county mental health evaluation and treatment facility or another mental health facility for up to 30 days. Upon arrival, experts will examine the defendant to see if he/she is truly insane.
(1) A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks sub- stantia capacity either to appreciate the criminality [wrongfulness] of his conduct or to conform his conduct to the requirements of law.
Under the Model Penal Code rule, the one used in Kentucky courts, an individual will not be responsible for a criminal act if, at the time of the criminal act, the individual was suffering from such a mental disease or defect that there was no substantial capacity to understand or appreciate the criminal nature of the ...
?Not guilty by reason of insanity? is a plea by a criminal defendant who admits the criminal act, but claims that they were mentally disturbed at the time of the crime and lacked the mental capacity to have intended to commit a crime. Such a plea requires that a court conduct a trial on the issue of insanity alone.
