NCJ Number
90042
Journal
Indiana Law Journal Volume: 57 Issue: 4 Dated: (Fall 1982) Pages: 639-646
Date Published
1982
Length
8 pages
Annotation
Indiana's 'guilty but mentally ill' statute, passed in 1981, should be repealed because it neither helps the jury in rendering a decision against defendants nor affects the treatment they receive after they have been convicted.
Abstract
This and other changes in the criminal law were a response to a public perception that the insanity defense constitutes a loophole within the criminal justice system. The public views the insanity defense as a means for defendants to avoid criminal responsibility for their misconduct. However, the guilty but mentally ill statute is an anomaly in the law because it leads jurors to reject valid insanity claims of defendants. It implies a false promise to the jury that guilty but mentally ill defendants will be punished for their crimes and at the same time be compassionately treated for their mental illness, thereby satisfying competing social policies of the criminal law -- treatment and responsibility. However, such a ruling actually guarantees no such treatment for defendants convicted under it. A 'guilty but mentally ill' offender is simply a 'guilty' offender for purposes of disposition upon conviction. For these reasons, this statute should be repealed. A total of 44 notes are included. (Author summary modified)