18 U.S.C. § 4242 — Determination of the existence of insanity at the time of the offense
submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 160 words · no verdicts yet
This section sets the procedure for examining and deciding whether a defendant was legally insane when the offense occurred. It provides for a special verdict and the required psychiatric report.
(a) Motion for pretrial psychiatric or psychological examination. After the defendant gives notice under Rule 12.2 that the defendant intends to rely on insanity, the court, on a Government attorney’s motion, must order a psychiatric or psychological examination and report under section 4247(b) and (c).
(b) Special verdict. If insanity is raised by the Rule 12.2 notice, on a defendant’s or Government attorney’s motion or the court’s own motion, the jury must be instructed to find the defendant guilty, not guilty, or not guilty only by reason of insanity. In a nonjury trial, the court must make that finding.
Upon the filing of a notice, as provided in Rule 12.2 of the Federal Rules of Criminal Procedure, that the defendant intends to rely on the defense of insanity, the court, upon motion of the attorney for the Government, shall order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of section 4247(b) and (c).
If the issue of insanity is raised by notice as provided in Rule 12.2 of the Federal Rules of Criminal Procedure on motion of the defendant or of the attorney for the Government, or on the court’s own motion, the jury shall be instructed to find, or, in the event of a nonjury trial, the court shall find the defendant—
guilty;
not guilty; or
not guilty only by reason of insanity.
Source credit: (June 25, 1948, ch. 645, 62 Stat. 855; Pub. L. 98–473, title II, § 403(a), Oct. 12, 1984, 98 Stat. 2059.)
- 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 855
- 1984Amended · Pub. L. 98-473 · 98 Stat. 2059
A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.
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