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Dr. Malachi Z. York
Our Constitution
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TITLE 18 > PART III > CHAPTER
313 > § 4242
§ 4242. Determination of the existence of
insanity at the time of the offense
(a) Motion for Pretrial Psychiatric or
Psychological Examination.— Upon the filing of a notice, as
provided in Rule 12.2 of the Federal Rules of Criminal
Procedure, that the defendant intends to rely on the defense of
insanity, the court, upon motion of the attorney for the
Government, shall order that a psychiatric or psychological
examination of the defendant be conducted, and that a
psychiatric or psychological report be filed with the court,
pursuant to the provisions of section 4247 (b) and (c).
(b) Special Verdict.— If the issue of insanity is raised by
notice as provided in Rule 12.2 of the Federal Rules of Criminal
Procedure on motion of the defendant or of the attorney for the
Government, or on the court’s own motion, the jury shall be
instructed to find, or, in the event of a nonjury trial, the
court shall find the defendant—
(1) guilty;
(2) not guilty; or
(3) not guilty only by reason of insanity.
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