3.6(a). Insanity

3.6(a) INSANITY An issue in this case is whether [name of defendant] was insane when the crime allegedly was committed. A person is considered to be insane when: 1. He had a mental infirmity, disease or defect. 2. Because of this condition a. he did not know what he was doing or its consequences or b. although he knew what he was doing and its consequences, he did not know it was wrong. All persons are presumed to be sane. However, if the evidence causes you to have a reasonable doubt concerning [name of defendant]s sanity, then the presumption of sanity vanishes and the State must prove beyond a reasonable doubt that [name of defendant] was sane. In determining the issue of insanity, you may consider the testimony of expert and non expert witnesses. The question you must answer is not whether [name of defendant] is insane today, or has ever been insane, but simply if [name of defendant] was insane at the time the crime was allegedly committed. Give if applicable: Unrestrained passion or ungovernable temper is not insanity, even though the normal judgment of the person be overcome by passion or temper. Give if applicable: If the evidence establishes that [name of defendant] had been adjudged insane by a court, and has not been judicially restored to legal sanity, then you should assume [name of defendant] was insane at the time of commission of the alleged crime, unless the evidence convinces you otherwise. If you find that [name of defendant] committed the crime but have a reasonable doubt that [name of defendant] was sane at that time, then you should find [name of defendant] not guilty by reason of insanity. If your verdict is that [name of defendant] is not guilty because insane, that does not necessarily mean [name of defendant] will be released from custody. I must conduct further proceedings to determine if [name of defendant] should be committed to a mental hospital or given other outpatient treatment or released. NOTE TO JUDGE: If drugs or alcohol are involved, see Cirack v. State, 201 So. 2d 706 (Fla. 1967).