In this chapter,

(1) “affirmative defense” has the meaning given in Alaska Stat. § 11.81.900(b);
criminal case

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

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.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
(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 Alaska Stat. § 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.
  Previous section
Next section  
 Chapter 47 Contents