Vt. Stat. Ann. tit. 13, § 4801
Test of insanity in criminal cases
Redline — July 1, 2021 → current.View current text →
Current — June 1, 2022
As of July 1, 2021
(1) The test when used as a defense in criminal cases shall be as follows: A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he or she lacks adequate capacity either to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law.
(1) The test when used as a defense in criminal cases shall be as follows: A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he or she lacks adequate capacity either to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law.
(2) The terms "mental disease or defect" do not include an abnormality manifested only by repeated criminal or otherwise anti-social conduct. The terms "mental disease or defect" shall include congenital and traumatic mental conditions as well as disease.
(2) The terms “mental disease or defect” do not include an abnormality manifested only by repeated criminal or otherwise anti-social conduct. The terms “mental disease or defect” shall include congenital and traumatic mental conditions as well as disease.
(3) The defendant shall have the burden of proof in establishing insanity as an affirmative defense by a preponderance of the evidence. Amended 1983, No. 75.
(3) The defendant shall have the burden of proof in establishing insanity as an affirmative defense by a preponderance of the evidence.
Official source: Vermont General Assembly. Reproduced from public-domain Vermont statutes; confirm against the official source for the current text. Not legal advice.