NCJ Number
96189
Journal
Brigham Young University Law Review Volume: 1983 Issue: 3 Dated: (1983) Pages: 499-638
Date Published
1983
Length
128 pages
Annotation
The law should be reformed to provide for the control and monitoring of persons released into the community after being acquitted on the basis of the insanity defense.
Abstract
This reform would be superior to the guilty but mentally ill (GBMI) legislation, which curtails the availability of the insanity defense by providing the jury an attractive compromise verdict. GBMI legislation modifies the Oregon statutory scheme, which maintains the insanity defense while providing for fair and effective treatment and supervision of persons found not guilty by reason of insanity. The proposed law would establish a psychiatric supervisory board charged with the supervision and management of all dangerous mentally ill persons. This board would retain jurisdiction over those acquitted of a violent crime under the insanity defense and those undergoing involuntary civil commitment and diagnosed as potentially dangerous to others. Without changing the insanity defense itself, this approach meets the concern for public safety while providing needed treatment for and protecting the constitutional rights of the acquittee. The success of such a law depends on adequate staffing and funding to provide the support and resources needed for the specialized program, which would entail both services and monitoring. Discussions of current standards relating to the insanity defense, proposals for change, GBMI legislation, and various commitment and release procedures for persons found not guilty by reason of insanity are included. Footnotes and an appendix presenting the text of the proposed model statute are also supplied.