Defendant, through his/her attorney moves the court that he/she be acquitted of certain matters because he/she is both-feeble minded and insane
Nebraska Motion for Acquittal Based on Insanity
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A legal determination of acquittal by reason of insanity puts the legal question to rest so that both patient and providers can work unencumbered toward recovery goals.
What Is an NGI Defense? An insanity plea, or NGI plea, is generally entered into when the defense contends that an accused defendant was criminally insane at the time of the act.
The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to a psychiatric disease at the time of the criminal act.
A verdict of not guilty by reason of insanity results in an acquittal of the defendant; a verdict of guilty but mentally ill is a conviction, but the defendant must be given treatment during his confinement.
Under the "Irresistible Impulse" test a jury may find a defendant not guilty by reason of insanity where the defendant was laboring under a mental disease or defect that compelled them to commit the object offense. This test is well-suited for people suffering from mania and/or paraphilias.
The insanity defense requires proof that (1) the defend- ant had a mental disease or defect at the time of the crime and (2) the defendant did not know or understand the nature and consequences of his or her actions or that he or she did not know the difference between right and wrong.
The four versions of the insanity defense are M'Naghten, irresistible impulse, substantial capacity, and Durham. The two elements of the M'Naghten insanity defense are the following: The defendant must be suffering from a mental defect or disease at the time of the crime.