Is a defendant entitled to an instruction on the consequences of a verdict of not guilty by reason of insanity?

California, United States of America


The following excerpt is from People v. Delosreyes, A137119 (Cal. App. 2015):

defendant is entitled to an instruction on the consequences of a verdict of not guilty by reason of insanity, because otherwise the jury might assume that the defendant would be freed if he or she was found insane. (CALCRIM No. 3450; People v. Moore (1985) 166 Cal.App.3d 540, 554.) Appellant asserts that the same reasoning applies in a competency trial, because jurors will likewise be hesitant to render a verdict of incompetency on the assumption that the verdict will result in the defendant's escape from prosecution and return to the community.

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