In this chapter,

Terms Used In Alaska Statutes 12.47.130

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

(1) “affirmative defense” has the meaning given in AS 11.81.900 (b);

(2) “assist in the defendant’s own defense” means to consult with a lawyer while exercising a reasonable degree of rational functioning;

(3) “culpable mental state” has the meaning given in AS 11.81.900 (b);

(4) “incompetent” means a defendant is unable to understand the proceedings against the defendant or to assist in the defendant’s own defense;

(5) “mental disease or defect” means a disorder of thought or mood that substantially impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life; “mental disease or defect” also includes intellectual and developmental disabilities that result in significantly below average general intellectual functioning that impairs a person’s ability to adapt to or cope with the ordinary demands of life;

(6) “understand the proceedings against the defendant” means that the defendant’s elementary mental process is such that the defendant has a reasonably rational comprehension of the proceedings.