OUJI-CR 8-31
DEFENSE OF MENTAL ILLNESS - INTRODUCTION
Defendant has raised the Defense of Mental Illness and asserts he/she should be found not guilty by reason of mental illness for [Crime Charged in Information/ Indictment]. Under Oklahoma law, no person can be convicted of a crime if that person was:
1) mentally ill at the time of the commission of the acts or omissions that constitute the crime, and
2) was either unable to understand the nature and consequences of his or her actions or was unable to differentiate right from wrong, and
3) has not been diagnosed with antisocial personality disorder which substantially contributed to the act for which the person has been charged.
Notes on Use
The introductory instruction is simply meant to inform the jury that the defendant is claiming the defense of mental illness and that the laws of the State do not permit conviction of a defendant who was mentally ill at the time of the commission of the acts with which he is charged, was either unable to understand the nature and consequences of his/her actions or was unable to differentiate right from wrong, and has not been diagnosed with antisocial personality disorder which substantially contributed to the act for which the person has been charged. 22 O.S. Supp. 2017, § 1161. The defense of mental illness replaces what was formerly known as the defense of insanity.
(2018 Supp.)