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What happens after a defendant is found not guilty by reason of insanity?

nytimes.com

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Re: What happens after a defendant is found not guilty by reason of insanity?

#21

Post by alkonaut »

seiferteric wrote: post #14
mabbo wrote: post #7

There 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…

It is interesting because different people and different countries seem to have different ideas about he purpose of the the justice system. Punishment/retribution, correction/rehabilitation, or protecting the public. Someone like this may not be guilty due to insanity, but still be a danger to the public for example.

Well the purpose is of course all those things.

Someone locked up for insanity wouldn't be released while they are still a danger to the public. But anyone imprisoned for a violent crime might be released while still a very clear danger to society, even murderers and similar. Time limited sentences work that way.

Re: What happens after a defendant is found not guilty by reason of insanity?

#22

Post by lloydde »

mabbo wrote: post #7

There 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…

> There was a very high profile case in Ontario over a decade ago.

Manitoba, not Ontario. I remember my shock of this happening in Western Canada where I was at the time.

Re: What happens after a defendant is found not guilty by reason of insanity?

#23

Post by nodesocket »

Just finished Manhunt: Unabomber[1] on Netflix. According to the show, it was Ted Kaczynski's entire defense to rebuttal his charges saying forensic linguistics and the FBI agent who "cracked" the case had no precedent. The agent was in fact a traffic cop before becoming an FBI agent and had little formal linguistics training. Instead Ted's defense behind his back went with insanity and tried to get him to plead to "save his life". Ted chose to plead guilty instead of insanity fearing his ideology and manifesto would be ignored if he pleased insanity.

[1] https://www.discovery.com/tv-shows/manhunt-unabomber/

Re: What happens after a defendant is found not guilty by reason of insanity?

#24

Post by mabbo »

joecool1029 wrote: post #10
mabbo wrote: post #7

There 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.

Seriously? Wow I did not know he'd gotten that far. I mean, part of me thinks "good for him" for overcoming serious mental illness. The other part worries.

Re: What happens after a defendant is found not guilty by reason of insanity?

#25

Post by cscheid »

mabbo wrote: post #7

There 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…

> It's the extreme end of the situation, to be certain, but extremes are a great place to examine any system.

Although there's some dissent, in law the typical expression you hear is the opposite: https://en.wikipedia.org/wiki/Hard_cases_make_bad_law

Re: What happens after a defendant is found not guilty by reason of insanity?

#26

Post by rjeli »

craftyguy wrote: post #20
joecool1029 wrote: post #6

In Canada they get treatment and are set free without restrictions: https://en.wikipedia.org/wiki/Killing_of_Tim_McLean#Aftermat...

Slightly off-topic, but > After the incident, People for the Ethical Treatment of Animals attempted to run an ad in the Portage Daily Graphic comparing the killing of McLean to the consumption of animals WTF peta?

yes, that is the intended response

http://slatestarcodex.com/2014/12/17/the-toxoplasma-of-rage/

Re: What happens after a defendant is found not guilty by reason of insanity?

#27

Post by fao_ »

dpatrick86 wrote: post #18
snuxoll wrote: post #11

Earlier quoted context omitted.

Is he being monitored to ensure he stays on his regimen of medication? Is he having regular psychiatric evaluations, and has a psychiatrist deemed him NOT a threat to himself and others? If YES to ALL of the above, I have no problem with it. After a period of being monitored then remove the restrictions. This is one of the biggest issues we have in this country, our prison system is used to make up for a lack of ment…

Interesting hypothetical: maybe the state should pay someone with an open mind (like you) handsomely to have him as a new roommate and keep an eye on him.

There's a difference between walking past someone in the street, and being in a scenario where they hypothetically have access to you 24/7

Re: What happens after a defendant is found not guilty by reason of insanity?

#28

Post by JumpCrisscross »

seiferteric wrote: post #14
mabbo wrote: post #7

There 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…

It is interesting because different people and different countries seem to have different ideas about he purpose of the the justice system. Punishment/retribution, correction/rehabilitation, or protecting the public. Someone like this may not be guilty due to insanity, but still be a danger to the public for example.

I believe violent versus non-violent crimes should be treated distinctly in terms of evaluating (a) rehabilitation and (b) future offense odds. For non-violent crime, I think rehabilitation is the answer. For violent crime, I'm more comfortable with a model that involves sequestration, i.e. keeping the offender separate from society until their risk of re-offending falls suitably low.

Re: What happens after a defendant is found not guilty by reason of insanity?

#29

Post by KGIII »

dpatrick86 wrote: post #18
snuxoll wrote: post #11

Earlier quoted context omitted.

Is he being monitored to ensure he stays on his regimen of medication? Is he having regular psychiatric evaluations, and has a psychiatrist deemed him NOT a threat to himself and others? If YES to ALL of the above, I have no problem with it. After a period of being monitored then remove the restrictions. This is one of the biggest issues we have in this country, our prison system is used to make up for a lack of ment…

Interesting hypothetical: maybe the state should pay someone with an open mind (like you) handsomely to have him as a new roommate and keep an eye on him.

I'd be interested in doing something like that. I'm not sure that they'd let me, as I have firearms in the home, though they are secured in safes and the ammunition is secured in different safes,

I'd not want more money than it costs for upkeep and I'll not be a physical caretaker - I don't wash asses. Still, I've got plenty to keep someone occupied and they'd have to be alone when I travel. I guess I'd want to be pretty selective, the person(s) would have to be interesting and intelligent.

I'm not sure if the missus would be happy about it, but she might be. She used to work with the mentally ill.

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