Not guilty by reason of insanity: Difference between revisions
Created page with "'''Not guilty by reason of insanity''' is a verdict that can be rendered in criminal cases. In the U.S. federal system, this results in his being committed to a "suitable faci..." |
Pestergaines (talk | contribs) +Cite |
||
| Line 1: | Line 1: | ||
'''Not guilty by reason of insanity''' is a verdict that can be rendered in criminal cases. In the U.S. federal system, this results in his being committed to a "suitable facility" until, pursuant to {{uscsub|18|4243|d}}, he proves "that his release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect." The defendant must wait 180 days after a court determination that he should continue to be committed before filing a motion for another hearing on the matter.<ref>{{uscsub|18|4247|h}}</ref> | '''Not guilty by reason of insanity''' is a verdict that can be rendered in criminal cases. In the U.S. federal system, this results in his being committed to a "suitable facility" until, pursuant to {{uscsub|18|4243|d}}, he proves "that his release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect." The defendant must wait 180 days after a court determination that he should continue to be committed before filing a motion for another hearing on the matter.<ref>{{uscsub|18|4247|h}}</ref> | ||
Because a defendant found to be NGRI of a minor offense can end up confined for a longer period than if he had pleaded guilty, it is generally not recommended that he seek such a verdict unless he is charged with a major offense with a possibility of a lengthy prison sentence. [[Libertarian]]s would argue that such verdicts create a [[moral hazard]] because, to the extent they result in a lighter sentence, they could encourage people to not seek the psychological treatment they need to prevent them from committing crimes. | Because a defendant found to be NGRI of a minor offense can end up confined for a longer period than if he had pleaded guilty, it is generally not recommended that he seek such a verdict unless he is charged with a major offense with a possibility of a lengthy prison sentence. [[Libertarian]]s would argue that such verdicts create a [[moral hazard]] because, to the extent they result in a lighter sentence, they could encourage people to not seek the psychological treatment they need to prevent them from committing crimes.{{Fact}} | ||
==References== | ==References== | ||
Latest revision as of 13:55, 1 January 2013
Not guilty by reason of insanity is a verdict that can be rendered in criminal cases. In the U.S. federal system, this results in his being committed to a "suitable facility" until, pursuant to , he proves "that his release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect." The defendant must wait 180 days after a court determination that he should continue to be committed before filing a motion for another hearing on the matter.[1]
Because a defendant found to be NGRI of a minor offense can end up confined for a longer period than if he had pleaded guilty, it is generally not recommended that he seek such a verdict unless he is charged with a major offense with a possibility of a lengthy prison sentence. Libertarians would argue that such verdicts create a moral hazard because, to the extent they result in a lighter sentence, they could encourage people to not seek the psychological treatment they need to prevent them from committing crimes.[citation needed]