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Not Guilty by Reason of Mental Illness in Oklahoma Criminal Law
Not Guilty by Reason of Mental Illness deals with a defendant's mental state at the time of the commission of the acts that would have made them guilty of a criminal offense if they would have been able to "understand the nature and consequences of his or her actions or was unable to differentiate right from wrong."
Not Guilty by Reason of Mental Illness is not the same as competency which involves a defendants present mental state and involves whether or not the person is able to appreciate the nature of the charges against them and is able to rationally assist their lawyer in preparation of a defense of the charges against them.
Under Oklahoma law a defendant can not be convicted of a crime if that person was:
1. Mentally ill at the time of the commission of the acts or omissions that constitute the crime, and
2. was either unable to understand the nature and consequences of his or her actions or was unable to differentiate right from wrong, and
3. And has not been diagnosed with antisocial personality disorder which substantially contributed to the act for which the person has been charged.
(See Oklahoma Uniform Jury Instruction CR-8-31)
The defense of Not Guilty by Reason of Mental Illness fails much more often that it is successful. If you believe that you or a loved one has a defense of Not Guilty by Reason of Mental Illness you should seek an experienced criminal lawyer.