Alabama Insanity - Form of Verdict
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FAQ
In other words, the cognitive impairment centers on the defendant's basic understanding of right and wrong. The volitional impairment, on the other hand, centers on the person's ability to control his behavior and to avoid committing acts that he knows are wrong.
The guilty but mentally ill (GBMI) verdict is premised on the notion that when a defendant raises a claim of insanity, the jury should be permitted to return a verdict that falls between the total inculpation of a guilty verdict and the complete exoneration of a not guilty by reason of insanity verdict.
Post-Hinckley, some states adopted the guilty but mentally ill verdict. A defendant who is found guilty but mentally ill is not acquitted but punished and treated for mental health simultaneously while in prison.
It is a defense to a prosecution for any crime that, at the time of the commission of the acts constituting the offense, the defendant, as a result of severe mental disease or defect, was unable to appreciate the nature and quality or wrongfulness of his/her acts.
What happens to someone found guilty but mentally ill? The defendant will typically receive the same sentence as someone who was "guilty," but the defendant is supposed to start his or her sentence in a mental health facility and then be transferred to prison after treatment is completed.
A defendant who is found guilty but mentally ill may be sentenced to mental health treatment, at the conclusion of which the defendant will serve the remainder of their sentence in the same manner as any other defendant.
Ing to the American Psychiatric Association, studies show that defendants acquitted by reason of insanity are likely to spend as much or more time confined in a psychiatric institution as they would have if convicted and sentenced to jail or prison for the same crime.
The GBMI verdict authorizes both a conventional criminal sanction and psychiatric treatment for a mentally ill defendant who sought to be found not guilty by reason of insanity.
