CONSTITUTIONAL RAMIFICATIONS OF THE RELEASE FROM CONFINEMENT FOR DEFENDANTS ACQUITTED BY REASON OF INSANITY

• NCJ Number: 34449
• Journal: Albany Law Review Volume: 40 Issue: 2 Dated: (1976) Pages: 391-405
• Author(s): C L BACH
• Date Published: 1976
• Length: 15 pages
• Corporate Author: Union University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

ANALYSIS OF THE COMMITMENT AND RELEASE PROCEDURES DEALING WITH DEFENDANTS ACQUITTED BY REASON OF INSANITY.

Abstract

DISCUSSION CENTERS ON CURRENT NEW YORK LAWS SUPPLEMENTED BY LAWS FROM OTHER JURISDICTIONS. THE NEED FOR REVIEW AND REVISION OF THE NEW YORK STATUTE IS ASSESSED. LEGAL QUESTIONS ANALYZED INCLUDE LIMITS OF TRIAL COURT JURISDICTION OVER DEFENDANTS ACQUITTED BY REASON OF INSANITY, AND POSSIBLE DENIAL OF THE DEFENDANTS' DUE PROCESS AND EQUAL PROTECTION RIGHTS BY REQUIRING JUDICIAL SCRUTINY PRIOR TO RELEASE.