NCJ Number
92628
Journal
William Mitchell Law Review Volume: 8 Issue: 1 Dated: (1982) Pages: 223-243
Editor(s)
D T Ridley
Date Published
1982
Length
21 pages
Annotation
The Minnesota Legislature should adopt a modified version of Michigan's guilty-but-mentally ill statute.
Abstract
The definition of 'mental illness' should include persons who are insane by the legal standards as well as persons with less serious mental problems. The defendant should be removed from the community for at least the minimum period required by the Minnesota Sentencing Guidelines and should not be released until a court formally determines beyond a reasonable doubt that the defendant is no longer dangerous. The guilty-but-mentally-ill verdict allows the jury to avoid having to choose between the prison and the asylum. It would profoundly affect the traditional concepts of criminal responsibility and the insanity defense because the defense would no longer provide the escape of last resort. More importantly, the guilty-but-mentally-ill verdict would protect the community from persons who threaten public safety without impinging on the constitutional rights of insane defendants. A total of 123 notes are provided. (Author summary modified)