NCJ Number
96352
Journal
Vanderbilt Law Review Volume: 37 Issue: 5 Dated: (October 1984) Pages: 1233-1261
Date Published
1984
Length
29 pages
Annotation
Contrary to the U.S. Supreme Court's decision in Jones v. United States (1983), fundamental principles of due process and equal protection require that the State only institutionalize an insanity acquittee indefinitely if the State is appropriately satisfied that the acquittee is in need of permanent confinement.
Abstract
In Jones v. United States, the U.S. Supreme Court addressed for the first time the issue of involuntary commitment to mental institutions of persons found not guilty by reason of insanity. In l975 a trial court had committed Jones indefinitely to a mental hospital for trying to steal a jacket. When Jones sought review, the Supreme Court held that the Constitution permits the States to confine individuals indefinitely without ever having to prove continued mental illness and the need for continued confinement. The Court decision was erroneous. In the absence of clear proof regarding the need for confinement, the insanity acquittee is entitled to release or recommitment through civil commitment procedures at the expiration of the maximum sentence for the offense charged. A total of 173 footnotes are provided.