A bill to amend title 18 of the United States Code to modify the insanity defense in Federal criminal cases, and for other purposes.

Summary

Amends the Federal criminal code to make it a defense to a Federal prosecution that the defendant, as a result of mental disease or defect, lacked substantial capacity at the time of the offense to appreciate the wrongfulness of the defendant's conduct. Places the burden of proof on the defendant to establish this defense by clear and convincing evidence. Authorizes a special verdict of acquittal only by reason of insanity. Directs the Attorney General, following an acquittal, to release the defendant to appropriate State or local officials for commitment proceedings. Allows a convicted defendant at sentencing to raise the issue of his or her psychiatric condition at the time of the offense and at the time of sentencing. Requires the court to conduct a separate hearing on this issue. Provides that the defendant be committed to an appropriate institution for psychiatric or medical treatment if the court finds that his or her condition warrants such treatment. Provides for release, either at the expiration of the term of imprisonment imposed or when the defendant is no longer in need of treatment.

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Documents

1 official file

• Introduced in House

  summary · EN · 11 March 1983

  Open at official source

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