(a) In a prosecution for a crime when the affirmative defense of insanity is raised under Alaska Stat. § 12.47.010, or when evidence of a mental disease or defect of the defendant is otherwise admissible at trial under Alaska Stat. § 12.47.020, the trier of fact shall find, and the verdict shall state, whether the defendant is

criminal case

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Terms Used In Alaska Statutes 12.47.040

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.
(1) guilty;
(2) not guilty;
(3) not guilty by reason of insanity; or
(4) guilty but mentally ill.
(b) To return a verdict under (a)(4) of this section, the fact finder must find beyond a reasonable doubt that the defendant committed the crime and that, when the defendant committed the crime, the defendant was guilty but mentally ill as defined in AS 12.47.030.
(c) When the jury is instructed as to the verdicts under (a) of this section, it shall also be instructed on the dispositions available under Alaska Stat. § 12.47.050 and 12.47.090.
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