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Proponents of the GBMI plea, including Cheryl Coleman, argue that it provides for necessary treatment of mentally ill defendants, while still ensuring that those defendants are punished for their crimes.
They say that the GBMI verdict protects the public because mentally ill defendants won't be released if they are deemed no longer dangerous, as would a defendant who was acquitted by reason of insanity.
: COMPETENCY TO STAND TRIAL • What's the difference between competency to stand trial and the insanity defense?
Competency to stand trial hinges on a defendant's current mental state at the time of trial.
There is a common misperception that if an individual is found incompetent, it is the same as being found not guilty.
In reality, if the defendant is deemed incompetent, there is no trial, and no conviction or acquittal.
: COMMITMENT, CONFINEMENT, AND RELEASE • What happens to a mentally ill defendant who is acquitted of a violent crime?
According 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.
He was acquitted, and the resulting standard is still used in 26 states in the U. : See this chart showing the standards used by each jurisdiction. The vast majority of those that are successful are the result of a plea agreement in which the prosecution and the defense agree to a not guilty by reason of insanity (NGRI) plea.S.: A defendant may be found not guilty by reason of insanity if "at the time of committing the act, he was laboring under such a defect of reason from disease of the mind as not to know the nature and quality of the act he was doing, or if he did know it, that he did not know what he was doing was wrong." (emphasis added) This test is also commonly referred to as the "right/wrong" test. A major 1991 eight-state study commissioned by the National Institute of Mental Health found that less than 1 percent of county court cases involved the insanity defense, and that of those, only around one in four was successful.