2007 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 (Order giving jurisdiction to Psychiatric Security Review Board). [1983 c.800 §16]

Notes of Decisions

Jury instruc­tion on consequences of guilty except for insanity verdict does not deny defendant's 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 (Order giving jurisdiction to Psychiatric Security Review Board)" does not require that instruc­tion include full explana­tion of all parts of ORS 161.327 (Order giving jurisdiction to Psychiatric Security Review Board). 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)

1 Legislative Counsel Committee, CHAPTER 161—General Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­161.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 161, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­161ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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.