§ 35-36-2-1 Time of filing
§ 35-36-2-2 Insanity defense; appointment of psychiatrists, psychologists, and physicians; admissibility of evidence
§ 35-36-2-3 Finding of jury
§ 35-36-2-4 Finding of nonresponsibility by reason of insanity; commitment procedures; requirements of the warden and attending physician; transmittal of information to NICS
§ 35-36-2-5 Finding or plea of guilty but mentally ill; evaluation; sentence; treatment; transmittal of information to NICS
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Terms Used In Indiana Code > Title 35 > Article 36 > Chapter 2 - Affirmative Defense of Insanity or Mental Illness; Pleadings, Orders, and Findings

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • 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.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Insanity: refers to the defense set out in IC 35-41-3-6. See Indiana Code 35-36-1-1
  • Mentally ill: means having a psychiatric disorder which substantially disturbs a person's thinking, feeling, or behavior and impairs the person's ability to function. See Indiana Code 35-36-1-1
  • Omnibus date: refers to the omnibus date established under IC 35-36-8-1. See Indiana Code 35-36-1-1
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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.