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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 47. Insanity and Competency to Stand Trial
- Section 40. Form of Verdict When Evidence of Mental Disease or Defect Admissible.
previous: Section 30
. Guilty But Mentally Ill.
next: Section 50
. Disposition of Defendant Found Guilty But Mentally Ill.
AS 12.47.040. Form of Verdict When Evidence of Mental Disease or Defect Admissible.
- (a) In a prosecution for a crime when the affirmative defense of insanity is raised under AS 12.47.010
, or when evidence of a mental disease or defect of the defendant is otherwise admissible at trial under AS 12.47.020
, the trier of fact shall find, and the verdict shall state, whether the defendant is
- (1) guilty;
- (2) not guilty;
- (3) not guilty by reason of insanity; or
- (4) guilty but mentally ill.
- (b) To return a verdict under (a)(4) of this section, the jury must find beyond a reasonable doubt that the defendant
committed the crime and find by a preponderance of the evidence that when the defendant committed the crime the
defendant was guilty but mentally ill as defined in AS 12.47.030
- (c) When the jury is instructed as to the verdicts under (a) of this section, it shall also be instructed on the
dispositions available under AS 12.47.050
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