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As an alternative to the insanity defense, some jurisdictions permit a defendant to plead guilty but mentally ill. [55] 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.
If the defendant does not submit to the examination, the court may exclude any expert evidence from the defendant on the issue of the defendant’s mental disease, mental defect, or any other mental condition. Federal law provides for the commitment of those found not guilty only by reason of insanity.
However, there must be a formal institutional hearing, the prisoner must be found to be dangerous to himself or others, the prisoner must be diagnosed with a serious mental illness, and the mental health care professional must state that the medication prescribed is in the prisoner's best interest. 14th 1992 Riggins v. Nevada
The plea of guilty but mentally ill means that Rowry was mentally ill at the time she committed the killing. The plea does not make Rowry ineligible for a prison sentence. The plea helps ensure ...
In April, Maskiell entered a plea of guilty but mentally ill, meaning that he will get mental health treatment while incarcerated until a medical professional decides treatment isn’t necessary ...
Delaware Circuit Court 5 Judge Thomas Cannon Jr. took the plea bargain under advisement and tentatively set sentencing for July 25. Muncie man pleads guilty - but mentally ill - in Walmart slaying ...
Another way that a case regarding mental illness is handled is the verdict being "guilty but mentally ill." Then, the person is given a sentence but is offered psychiatric treatment while incarcerated or is taken to a mental hospital until the person is believed to be capable enough to be taken to a prison to serve the remainder of the sentence.
Furthermore, although the plea had to be based on some form of mental abnormality, that condition need not be one bordering on insanity. Instead the court ruled that diminished responsibility required the existence of an abnormality of mind which had the effect that the accused's ability to determine or control his actings was substantially ...