CR07-176 04/07/08
INSANITY DEFENSE – 13 V.S.A. § 4801
This case presents the issue of whether (Def)_______________ was criminally responsible at the time of the alleged offenses. Lack of criminal responsibility is commonly referred to as legal insanity.
Before you consider this defense, the State must have proven each essential element of the offense[s] charged beyond a reasonable doubt. If the State has failed to do so, you must find (Def)_______________ not guilty. However, if the State has proven each essential element of the offense[s] charged beyond a reasonable doubt, then you must consider whether to return a verdict of not guilty by reason of insanity.
It is (Def)_______________’s burden to prove by a preponderance of the evidence that [he] [she] was insane at the time the [crime was] [crimes were] committed and is therefore not criminally responsible. Proof by a preponderance of the evidence means that the defense is more likely true than not true. This burden of proof is less than the burden of proof beyond a reasonable doubt.
To sustain the defense of legal insanity, (Def)_______________ must have proven the following by a preponderance of the evidence:
First, that [he] [she] suffered a mental disease or defect at the time of the alleged offense[s], and
Second, that as a result of the disease or defect, either [he] [she] was unable to appreciate the criminality of [his] [her] conduct, or [he] [she] was unable to conform [his] [her] conduct to the requirements of the law.
The term mental disease or defect includes both congenital mental conditions (that is, conditions that exist from birth) and traumatic mental conditions (that is, conditions caused by injury), as well as conditions caused by disease. However, the terms mental disease or defect do not include an abnormality which is shown only by repeated criminal or otherwise anti-social conduct. In other words, you cannot find that (Def)_______________ had a mental disease or defect solely on the basis that [he] [she] engaged in repeated prior violations of the law or other socially unacceptable behavior.
If you find that (Def)_______________ suffered from a mental disease or defect that made [him] [her] unable to understand that [his] [her] acts were against the law, then you must find [him] [her] not guilty by reason of insanity. Likewise, if you find that [he] [she] suffered from a mental disease or defect that made [him] [her] incapable of conforming [his] [her] behavior to the requirements of the law, whether or not [he] [she] was able to understand the criminal nature of [his] [her] acts, then you must also find [him] [her] not guilty by reason of insanity.
This defense requires you to determine (Def)_______________’s mental condition, and the consequences of that condition, at the time of the alleged offense[s]. You may also consider evidence of [his] [her] mental condition before and after that time, because that evidence may assist you in determining [his] [her] condition at the time of the alleged offense[s]. The law recognizes both temporary insanity and insanity of longer duration.
You have heard the testimony of psychiatrists [psychologists] [and other experts] who have stated their professional opinions. You must consider their testimony, but you are not bound by their conclusions or opinions regarding what is or is not a mental disease or defect. You have also heard lay witnesses testify about their observations about (Def)_______________’s appearance, behavior, speech and actions. You are not bound by the opinions of either the expert witnesses or the lay witnesses. You should consider the testimony of each witness in connection with all of the evidence, and give it whatever weight you think it deserves.
To summarize, if you find that the State has failed to prove each essential element of the offense[s] charged beyond a reasonable doubt, then you must find (Def)_______________ not guilty. If, however, you find that the State has proven the essential elements beyond a reasonable doubt, then you must decide whether (Def)_______________ has proven, by a preponderance of the evidence, that [he] [she] suffered from a mental disease or defect at the time of the alleged offense[s], and either that the mental disease or defect rendered [him] [her] incapable of appreciating the criminality of the alleged offense[s], or that [he] [she] was incapable of conforming [his] [her] conduct to the requirements of the law, at the time of the alleged offense.
If (Def)_______________ has proven the defense by a preponderance of the evidence, then you must find [him] [her] not guilty by reason of insanity. If, however, you find that the State has proven each of the essential elements beyond a reasonable doubt, and that (Def)_______________ has not proven the defense of insanity by a preponderance of the evidence, then you must find [him] [her] guilty.