2015 ORS 161.313¹
Jury instructions
  • insanity

When the issue of insanity under ORS 161.295 (Effect of mental disease or defect) is submitted to be determined by a jury in the trial court, the court shall instruct the jury in accordance with ORS 161.327 (Commitment or conditional release of person found guilty except for insanity of felony). [1983 c.800 §16]

Notes of Decisions

Jury instruc­tion on consequences of guilty except for insanity verdict does not deny defendants right to impartial jury. State v. Amini, 331 Or 384, 15 P3d 541 (2000)

Instructing jury on consequences of guilty except for insanity verdict does not deprive defendant of federal constitu­tional right to fair trial. State v. Amini, 175 Or App 370, 28 P3d 1204 (2001), Sup Ct review denied

Require­ment that court instruct jury in accordance with ORS 161.327 (Commitment or conditional release of person found guilty except for insanity of felony) does not require that instruc­tion include full explana­tion of all parts of ORS 161.327 (Commitment or conditional release of person found guilty except for insanity of felony). State v. George, 337 Or 329, 97 P3d 656 (2004)

Law Review Cita­tions

51 OLR 428 (1972); 52 OLR 285-295 (1973)

Chapter 161

Notes of Decisions

A juvenile court adjudica­tion of whether or not a child committed acts which would be a crim­i­nal viola­tion if committed by an adult must necessarily include an adjudica­tion of all af­firm­a­tive de­fenses that would be available to an adult being tried for the same crim­i­nal viola­tion. State ex rel Juvenile Dept. v. L.J., 26 Or App 461, 552 P2d 1322 (1976)

Law Review Cita­tions

2 EL 237 (1971); 51 OLR 427-637 (1972)

Chapter 161

Criminal Code

(Generally)

Notes of Decisions

Legislatures adop­tion of 1971 Criminal Code did not abolish doctrine of transferred intent. State v. Wesley, 254 Or App 697, 295 P3d 1147 (2013), Sup Ct review denied


1 Legislative Counsel Committee, CHAPTER 161—General Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors161.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 161, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano161.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.