South Dakota § 23A-25-13 Guilty but mentally ill verdict--Forms furnished--Instructions.

South Dakota Statutes

§ 23A-25-13 — Guilty but mentally ill verdict--Forms furnished--Instructions.

South Dakota·Title 23A CRIMINAL PROCEDURE·Ch. 23A-23 JURY INSTRUCTIONS AND DELIBERATIONS

If a defense of insanity or mental illness has been presented during a trial, the court shall provide the jury with a special verdict form of "guilty but mentally ill" for each offense. The court shall instruct the jury that a special verdict of "guilty but mentally ill" may be returned instead of a general verdict. The court shall also instruct the jury that the special verdict requires a finding beyond a reasonable doubt by the jury that the defendant committed the offense but that he was mentally ill at the time he committed the offense.

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If a defense of insanity or mental illness has been presented during a trial, the court shall provide the jury with a special verdict form of "guilty but mentally ill" for each offense. The court shall instruct the jury that a special verdict of "guilty but mentally ill" may be returned instead of a general verdict. The court shall also instruct the jury that the special verdict requires a finding beyond a reasonable doubt by the jury that the defendant committed the offense but that he was mentally ill at the time he committed the offense.

South Dakota § 23A-25-13 (Guilty but mentally ill verdict--Forms furnished--Instructions.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.