PRIA, Government Policy, Made Personal

Summary

If a defendant tells the court before trial under Rule 12.2 that they will use an insanity defense, and the prosecutor asks, the judge must order a psychiatric or psychological exam and must have a written report filed under section 4247(b) and (c). When insanity is raised by that notice, by a lawyer’s motion, or by the judge, the jury must be told to decide one of three outcomes: guilty, not guilty, or not guilty only by reason of insanity. If there is no jury, the judge must make one of those three findings.

Title 18, §4242

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Motion for Pretrial Psychiatric or Psychological Examination.—

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).

(b)Special Verdict.—

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—

(1)guilty;

(2)not guilty; or

(3)not guilty only by reason of insanity.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 877 (May 13, 1930, ch. 254, § 7, 46 Stat. 272). Minor change was made in phraseology.

Editorial Notes

Amendments

1984—Pub. L. 98–473 amended section generally, substituting “Determination of the existence of insanity at the time of the offense” for “Retransfer upon recovery” in section catchline, and substituting provisions relating to motion for pretrial psychiatric or psychological examination, and special verdict, for provisions relating to retransfer to a penal or correctional institution upon recovery of an inmate of the United States hospital for defective delinquents.

§4242 Determination of the Existence of Insanity at the Time of the Offense