Delaware § 3905 Instructions on separate issues of guilt and insanity; instructions on verdicts

Delaware Statutes

§ 3905 — Instructions on separate issues of guilt and insanity; instructions on verdicts

Delaware·Title 11·Part Criminal Procedure Generally·Ch. 39 SENTENCE, JUDGMENT, EXECUTION AND MANDATORY TESTING·Subch. Sentence, Judgment and Execution

At the conclusion of a trial under this title, where warranted by the evidence, the charge to the jury shall contain instructions that shall consider separately the issues of guilt and the presence or absence of insanity, and shall also contain instructions as to the verdicts of “guilty;” “guilty, but mentally ill;” “not guilty by reason of insanity;” and “not guilty” with regard to the offense or offenses charged and, as required by law, any lesser included offenses.

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At the conclusion of a trial under this title, where warranted by the evidence, the charge to the jury shall contain instructions that shall consider separately the issues of guilt and the presence or absence of insanity, and shall also contain instructions as to the verdicts of “guilty;” “guilty, but mentally ill;” “not guilty by reason of insanity;” and “not guilty” with regard to the offense or offenses charged and, as required by law, any lesser included offenses.

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