Homicide, Murder, Manslaughter NGI/Mental Health Question

[McDizzle]

Jurisdiction

California

1. If NGI plea is successful; does defendant go to mental hospital then go to prison once sanity is restored or get released? If prison, how is remaining time determined?

2. What if sanity had appeared to be restored at NGI trial? Does the defendant still go to hospital or does he go to prison? If prison, how is length of sentence determined?

Consider these questions on charges such as first degree murder (life) or voluntary manslaughter (3, 6, 11). Remember we are in California.

 

[army judge]

Sentencing IF the Legal Defense of Insanity Defense Was Successful

If you successfully plead the insanity defense, then you will not receive the normal jail/prison sentence for your crime. Instead, you will be committed to a state mental hospital.

There are two reasons for commitment:

1 - to rehabilitate and treat the defendant,
2 - to protect the defendant and society from further harm.

The defendant must remain in the state mental hospital until:

A physician (usually a care team) believes that she has regained her sanity, the maximum term of imprisonment for that crime has expired, or the care team believes she would continue to progress and recover in an outpatient mental health treatment program.

The defendant won't go to trial if she's diagnosed as mentally incompetent.

Usually such a person is confined in a state mental health facility for the criminally insane while the assessment is being made. If the NGRI pleading is successful, the defendant is ordered confined to a state mental health facility for the criminally insane.

The sentence is usually adjudicated to be for an INDEFINITE TERM in the aforesaid appropriate state facility.

 

[Betty3]

Here is a link you might want to read for educational/informational purposes.

California "Not Guilty by Reason of Insanity" Defense | M'Naghten Rule