Insanity Defense Act of 1982

Summary

Insanity Defense Act of 1982 - 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 the ability to understand the nature and quality of the act or lacked the ability to distinquish right and wrong with respect to the act. Places the burden of proof of insanity on the defendant. Authorizes a special verdict of "not guilty only by reason of insanity" for any criminal defendant who raises the issue of insanity by notice as provided by Rule 12 of the Federal Rules of Criminal Procedure. Requires that any person found not guilty only by reason of insanity be committed to a facility until eligible for release. Requires the court to commit such person to the custody of the Attorney General upon a finding by a preponderance of the evidence that the person is currently suffering from a mental disease or defect and his release would create a significant risk of bodily injury to himself or herself, another person, or serious damage to property of another. Directs the Attorney General to release such person to a mental hospital or other suitable facility. Requires the court to hold a hearing upon the certification by the director of the facility that such person's release will no longer create significant risk of injury or property damage. Directs the court to order the discharge of a person who is found to have recovered.

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1 official file

• Introduced in Senate

  summary · EN · 24 June 1982

  Open at official source

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