Mental disease or defect definition

Mental disease or defect means only those severely abnormal mental conditions that grossly and demonstrably impair a person's perception or understanding of reality and that are not attributable to the voluntary ingestion of alcohol or any other psychoactive substance; except that it does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.

Mental disease or defect means a condition that was the

Mental disease or defect means a disorder of thought or mood that substantially impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life; “mental disease or defect” also includes intellectual and developmental disabilities that result in significantly below average general intellectual functioning that impairs a person’s ability to adapt to or cope with the ordinary demands of life;

Examples of Mental disease or defect in a sentence

• Mental disease or defect does not otherwise constitute a defense.

• Mental disease or defect does not otherwise constitute a defense.”125 In sum, the Act replaced the "delusion" standard of M'Naghten with "mental disease or defect" that specifically affects the defendant's ability to understand the nature and quality of the wrongfulness of his actions.

• Mental disease or defect does not otherwise constitute a defense.” Tenn.

• Specifically, Petitioner alleged that “his attorney failed to advise him both of the affirmative [defense] provided in Penal Law §40.15 [Mental disease or defect] and that the ultimate decision of whether to plead guilty or assert the defense at trial belonged to him alone.” (Dkt.

• Mental disease or defect does not otherwise constitute a defense.(b) Burden of proof.---The defendant has the burden of proving the defense of insanity by clear andconvincing proof.

• Mental disease or defect does not otherwise constitute a defense.” R.C.M. 916(k)(1).

• Generally speaking these must be filed within 30 days of arraignment or at the omnibus hearing.e. Mental disease or defect which prevented defendant from acting with knowledge or purpose: Notice must be filed within 10 days of report on mental health.f. Mental disease or defect which prevents a defendant from appreciating the criminality of behavior, or from conforming conduct to requirements of law: Notice must be given at omnibus or at change of plea (46-14-311, MCA.)D.

• Mental disease or defect does not otherwise constitute a defense.On the issue of insanity, it is the defendant who must prove his insanity by clear and convincing evidence.

• Mental disease or defect does not otherwise constitute a defense.37 The language used in the Insanity Defense Reform Act of 1984 largely resembles the narrow and outdated language of the M’Naughten Test that distinctly rejects an insanity defense on the grounds of PTSD.The applicable test for insanity is inconsistent throughout the United States.

• Mental disease or defect does not include an abnormality manifested only by repeated criminal or otherwise anti-social conduct.

More Definitions of Mental disease or defect

Mental disease or defect means a disorder of thought or mood that substantially impairs judgment, behavior, or capacity to recognize reality; “mental disease or defect” also includes intellectual and developmental disabilities that result in significantly below average general intellectual functioning;

Mental disease or defect means a disorder of thought or mood

Mental disease or defect means only those severely

Mental disease or defect means a disorder in thought or mood so substantial that it renders a person incapable of appraising the nature of his or her conduct.

Mental disease or defect means a disorder of thought or mood that substantially impairs a person's judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. It also includes intellectual and developmental disabilities that result in significantly below average general intellectual functioning thatimpairs a person’s ability to adapt to or cope with the ordinary demands of life. A mental condition that is revealed only by repeated criminal conduct or other antisocial conduct is not a "mental disease or defect" for purposes of the criminal law. USE NOTE Alaska Statute 12.47.130(5). According to the Commentary to the 1982 legislation,this term was only intended to cover major mental disorders: The term is intended to include those major mental disorders such as schizophrenia, severe mood disorders, or profound organic mental disorders which substantially impair a person's ability to perceive reality or adapt to it. There are many mental disorders defined in psychiatry, however, which, though they affect behavior, are not of the severity or magnitude necessary to qualify under this definition. Examples of these disorders would be drug addictions, posttraumatic stress disorders, conduct disorders, dissociative disorders, psychosexual disorders, and impulse control disorders. Voluntary intoxication or drug withdrawal states, regardless of their severity, would not qualify as a "mental disease or defect." The legislature revised the definition of “mental disease or defect” in 2013. In the House Committee Minutes, it was stressed that the change was a “change of labels” as the original term had “now become a derogation.” Additionally, the committee stated that “only the term was replaced, and it did not expand the definition, or change the civil or criminal code.” As I have explained to you, the state must prove the elements of the offense "beyond a reasonable doubt." In Instruction No. _____, I explained to you what it means to prove something beyond a reasonable doubt. But some of the questions in this case must be decided according to a different standard, which is known as the "preponderance of the evidence" standard. Something is proved by "a preponderance of the evidence" when the evidence persuades you that it is more likely true than not true. When I specifically instruct you to decide whether something "is more likely true than not true," you must apply this standard rather than the "reasonable doubt" standard. USE NOTE Alaska Statute...

Mental disease or defect means a severely abnormal mental condition that grossly and demonstrably impairs a person’s perception, but the term does not include an abnormality manifested only by repeated unlawful or antisocial conduct.