NOTICE OF INTENT TO RAISE INSANITY DEFENSE

COURT INFORMATION

Court Name: ________________________________________________

Case Number: ________________________________________________

Judge: ________________________________________________

Trial Date: ________________________________________________

DEFENDANT INFORMATION

Defendant Name: ________________________________________________

Date of Birth: ________________________________________________

Current Custody Status: ☐ In custody ☐ Released on bail

Charges:

COUNSEL INFORMATION

Defense Attorney: ________________________________________________

Bar Number: ________________________________________________

Address: ________________________________________________

Phone: ________________________________________________

Email: ________________________________________________

I. NOTICE OF INTENT TO RAISE INSANITY DEFENSE

COMES NOW the Defendant, _________________________, by and through undersigned counsel, and hereby provides notice pursuant to [Federal Rule of Criminal Procedure 12.2 / State Rule _____ / State Statute _____] of Defendant's intention to rely upon the defense of insanity at the time of the alleged offense(s).

II. TYPE OF DEFENSE NOTICED

Defendant provides notice of intent to raise the following defense(s):

A. Insanity Defense (Not Guilty by Reason of Insanity)

☐ Defendant intends to assert that, at the time of the alleged offense(s), Defendant was legally insane and therefore not criminally responsible.

Applicable Legal Standard in This Jurisdiction:

☐ M'Naghten Rule: Defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality of the act or was unable to appreciate that the act was wrong.

☐ ALI/Model Penal Code Test: Defendant, as a result of mental disease or defect, lacked substantial capacity either to appreciate the criminality (wrongfulness) of the conduct or to conform conduct to the requirements of law.

☐ Durham/Product Test: The alleged criminal act was the product of mental disease or mental defect.

☐ Federal Standard (18 U.S.C. § 17): At the time of the commission of the acts constituting the offense, Defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts.

☐ State-Specific Standard: _________________________________________________

B. Diminished Capacity/Mens Rea Defense

☐ Defendant intends to introduce expert testimony relating to a mental disease, defect, or condition that bears upon Defendant's ability to form the requisite mental state (mens rea) for the charged offense(s).

Specific Mental State(s) at Issue:

☐ Intent
☐ Knowledge
☐ Willfulness
☐ Premeditation
☐ Deliberation
☐ Specific intent to: _________________________________________________
☐ Other: _________________________________________________

C. Guilty But Mentally Ill (if available)

☐ Defendant may seek a verdict of "Guilty But Mentally Ill" as an alternative

Note: This verdict is available in the following states: [List applicable states]

III. FACTUAL BASIS FOR DEFENSE

A. Mental Health History

☐ Defendant has a documented history of mental illness

☐ Diagnosis(es):

☐ Prior Psychiatric Hospitalizations:

☐ Prior Psychiatric Treatment:

☐ Medications Prescribed:

B. Mental State at Time of Alleged Offense

☐ Defendant's mental condition at the time of the alleged offense:

________________________________________________

________________________________________________

________________________________________________

☐ Relevant symptoms present at time of offense:

☐ Delusions: _________________________________________________

☐ Hallucinations: _________________________________________________

☐ Disorganized thinking: _________________________________________________

☐ Impaired reality testing: _________________________________________________

☐ Other symptoms: _________________________________________________

IV. EXPERT WITNESSES

Defendant may call the following expert witness(es) in support of the insanity defense:

Expert 1

Expert 2

☐ Expert witness information will be supplemented upon retention

V. REQUEST FOR PSYCHIATRIC EXAMINATION

A. Court-Ordered Examination

☐ Defendant anticipates the Court will order a psychiatric examination pursuant to [Rule 12.2(c) / State equivalent]

☐ Defendant ☐ consents / ☐ does not object to court-ordered examination

☐ Defendant requests the examination be conducted by: _________________________

☐ Defendant requests the examination be conducted at: _________________________

B. Conditions for Examination

☐ Defendant requests the following conditions for any court-ordered examination:

☐ Examination to be video/audio recorded

☐ Defense counsel to be present or available

☐ Examination limited to issues of insanity and competency

☐ No inquiry into the facts of the alleged offense beyond what is necessary

☐ Results provided simultaneously to defense and prosecution

☐ Other conditions: _________________________________________________

VI. COMPETENCY DISTINCTION

☐ This notice relates to Defendant's mental state AT THE TIME OF THE ALLEGED OFFENSE

☐ This notice is SEPARATE from any issues regarding Defendant's current competency to stand trial

☐ Defendant ☐ is competent / ☐ has been found competent / ☐ competency is also at issue

Note: Insanity (retrospective, at time of offense) is distinct from competency (present ability to understand proceedings and assist in defense).

VII. BURDEN OF PROOF

Defendant acknowledges that in this jurisdiction:

☐ Defendant bears the burden of proving insanity by:
☐ Preponderance of the evidence
☐ Clear and convincing evidence

☐ Prosecution bears the burden of disproving insanity beyond a reasonable doubt once raised

Applicable Standard: _________________________________________________

VIII. POTENTIAL OUTCOMES

Defendant acknowledges the following potential outcomes if the insanity defense is successful:

☐ Not Guilty by Reason of Insanity (NGRI):
☐ Automatic commitment for evaluation
☐ Potential indefinite civil commitment
☐ Conditional release procedures

☐ Guilty But Mentally Ill (GBMI):
☐ Conviction with requirement of mental health treatment
☐ Sentencing proceeds as normal with treatment component

IX. CONTINUING DUTY

☐ Defendant acknowledges the continuing duty to:
☐ Supplement this notice with additional information
☐ Disclose additional expert witnesses
☐ Notify the Court and prosecution of any withdrawal of the defense

X. EXHIBITS

☐ Exhibit A: Psychiatric/Psychological Records (under seal)

☐ Exhibit B: Expert Witness CV(s)

☐ Exhibit C: Prior Hospitalization Records (under seal)

☐ Exhibit D: Medication Records

☐ Exhibit ___: _________________________________________________

Request for Protective Order:

☐ Defendant requests that psychiatric/medical records be filed under seal to protect Defendant's privacy and HIPAA-protected information

Respectfully submitted,

________________________________________
Attorney for Defendant

Date: _______________________

PROPOSED ORDER FOR PSYCHIATRIC EXAMINATION

(To be submitted with Notice if required by local practice)

ORDER

Upon Defendant's Notice of Intent to Raise Insanity Defense, IT IS HEREBY ORDERED:

1. Defendant shall submit to a psychiatric examination by _________________________.

2. The examination shall be conducted at _________________________.

3. The examination shall be completed by _____________ [date].

4. The examining expert shall prepare a written report and provide copies to the Court, defense counsel, and the prosecuting attorney by _____________ [date].

5. The examination shall be limited to: _________________________

6. ☐ The examination shall be recorded.

7. Other conditions: _________________________________________________

SO ORDERED this _____ day of _____________, 20___.

________________________________________
Judge

CERTIFICATE OF SERVICE

I hereby certify that on _____________, a true and correct copy of the foregoing Notice of Intent to Raise Insanity Defense was served upon:

_________________________ [Prosecuting Attorney]
_________________________
_________________________

By: ☐ Hand delivery ☐ First-class mail ☐ Electronic filing/service ☐ Fax

________________________________________
Attorney for Defendant

STATE-SPECIFIC VARIATIONS

Federal (18 U.S.C. § 17; Rule 12.2)

• Requires "severe mental disease or defect"
• Defendant must prove by clear and convincing evidence
• Must be unable to appreciate nature/quality OR wrongfulness
• Notice required before trial or at time set by court
• Court-ordered examination upon notice

States That DO NOT Allow Insanity Defense

• Kansas - Mens rea defense only
• Montana - Mens rea defense only
• Idaho - Mens rea defense only
• Utah - Abolished in 1983, uses "guilty and mentally ill"

California (Penal Code § 1016)

• M'Naghten standard with modifications
• Bifurcated trial (guilt phase, then sanity phase)
• Defendant bears burden by preponderance
• Separate trial on sanity issue

New York (Penal Law § 40.15)

• ALI/Model Penal Code standard
• Defendant bears burden by preponderance
• Verdict of "not responsible by reason of mental disease or defect"

Texas (Penal Code § 8.01)

• M'Naghten variant
• Defendant bears burden by preponderance
• "Did not know conduct was wrong"

Florida (Fla. Stat. § 775.027)

• M'Naghten standard
• Defendant bears burden by clear and convincing evidence
• Must show did not know what doing or that it was wrong

Pennsylvania (18 Pa.C.S. § 315)

• M'Naghten standard
• Defendant bears burden by preponderance

Illinois (720 ILCS 5/6-2)

• ALI/Model Penal Code standard
• Defendant must prove by preponderance

PRACTICE NOTES