What happens after a defendant is found not guilty by reason of insanity?
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Re: What happens after a defendant is found not guilty by reason of insanity?
#2> In most states, like New York, there is no limit to the duration of that commitment.
Couldn't the supreme court rule this type of punishment as "cruel and unusual punishment"? Technically there is a policy of reviewing "every 2 years" in perpetuity, so it's not like they don't have a formal punishment.
They mention a Supreme Court ruling regarding "due process" but not the 8th amendment. So it's basically as if this is sidestepping the constitution by pretending they aren't being punished?
https://www.wikiwand.com/en/Eighth_Amendment_to_the_United_S...
Re: What happens after a defendant is found not guilty by reason of insanity?
#3> In most states, like New York, there is no limit to the duration of that commitment. Couldn't the supreme court rule this type of punishment as "cruel and unusual punishment"? Technically there is a policy of reviewing "every 2 years" in perpetuity, so it's not like they don't have a formal punishment. They mention a Supreme Court ruling regarding "due process" but not the 8th amendment. So it's basically as if thi…
"But Mr. Anderson, how can your punishment be cruel and unusual... if you are not actually... being... punished?"
The Supreme Court has ruled that lifetime sex offender registration, despite few demonstrable positive effects on sex offender rehabilitation or sex offense prevention and despite their only apparent goal being the unpersoning of people who commit certain offenses, does not transgress the Eight Amendment because the sex offender registries are a "public safety" measure, not an actual punishment. Doubtless they will do the same for something like this.
Re: What happens after a defendant is found not guilty by reason of insanity?
#4> In most states, like New York, there is no limit to the duration of that commitment. Couldn't the supreme court rule this type of punishment as "cruel and unusual punishment"? Technically there is a policy of reviewing "every 2 years" in perpetuity, so it's not like they don't have a formal punishment. They mention a Supreme Court ruling regarding "due process" but not the 8th amendment. So it's basically as if thi…
The State has to protect its legitimacy to authority by never being wrong. It has many of its own safeguards to prevent ever being wrong.
This is what you will continually see, and only a separate state, such as the Federal Government existing in parallel jurisdiction, is able to step in, which it doesn't do mostly for historical reasons.
Re: What happens after a defendant is found not guilty by reason of insanity?
#5Sorry but this is common sense. "I killed him but I was insane and I want to get out," nope, sorry but I don't think you should my neighbor unless someone makes sure that you are sane.
Re: What happens after a defendant is found not guilty by reason of insanity?
#6In Canada they get treatment and are set free without restrictions: https://en.wikipedia.org/wiki/Killing_of_Tim_McLean#Aftermat...
Re: What happens after a defendant is found not guilty by reason of insanity?
#7There was a very high profile case in Ontario over a decade ago. Basically, the man went into an absolute psychotic state on the travelling bus and cut the head off a stranger while everyone else on the bus ran for their lives.
A decade later, he's been released- under a lot of conditions and on a lot of medication, but people are very upset that he'd ever be free at all. In interviews, he's a very interesting person. "Regret" and "shame" aren't strong enough words.
It's a hard debate- if he was not guilty due to a medical condition, then he was not found guilty and shouldn't be in prison, certainly. But he did cut a guy's head off. Would you want to live next to the guy who did that while not in control of himself?
It's the extreme end of the situation, to be certain, but extremes are a great place to examine any system.
Re: What happens after a defendant is found not guilty by reason of insanity?
#8> In most states, like New York, there is no limit to the duration of that commitment. Couldn't the supreme court rule this type of punishment as "cruel and unusual punishment"? Technically there is a policy of reviewing "every 2 years" in perpetuity, so it's not like they don't have a formal punishment. They mention a Supreme Court ruling regarding "due process" but not the 8th amendment. So it's basically as if thi…
Do you consider it much different from the practice of denying parole when convicts continue to profess innocence instead of professing contriteness? If someone is really innocent, they are in the catch 22 of staying in prison for life because parole boards deny release but if they just lie and pretend to feel contrite they get out on parole right away after serving time. There was a case on NPR recently but there's a name for the phenomena - https://en.wikipedia.org/wiki/Innocent_prisoner%27s_dilemma plus documentaries about similar cases - West Memphis Three, etc.
Re: What happens after a defendant is found not guilty by reason of insanity?
#9In Canada they get treatment and are set free without restrictions: https://en.wikipedia.org/wiki/Killing_of_Tim_McLean#Aftermat...
Isn't that the case everywhere? But the catch is that you aren't set free until you are considered cured and/or safe to set free. For many, this means never.
Re: What happens after a defendant is found not guilty by reason of insanity?
#10There was a very high profile case in Ontario over a decade ago. Basically, the man went into an absolute psychotic state on the travelling bus and cut the head off a stranger while everyone else on the bus ran for their lives. A decade later, he's been released- under a lot of conditions and on a lot of medication, but people are very upset that he'd ever be free at all. In interviews, he's a very interesting person…
>A decade later, he's been released- under a lot of conditions and on a lot of medication
No, he's been given an 'absolute discharge'. There are no legal obligations for him.