NCJ Number
96938
Journal
Kentucky Law Journal Volume: 72 Dated: (1983/1984) Pages: 207-224
Date Published
1984
Length
18 pages
Annotation
This analysis of the Kentucky Supreme Court's decision in Payne v. Commonwealth that the jury should not be informed about the consequences of a not guilty by reason of insanity (NGRI) verdict recommends that judges should instruct juries on the effects of this verdict.
Abstract
At least three main views have been adopted in other States regarding the propriety of jury instructions on the consequences of NGRI verdicts: 19 hold that no instruction is proper, 6 consider it a matter of judicial discretion, and 18 plus the District of Columbia hold that such instruction is proper. Thus, a trend away from the traditional rule that no instruction is proper is evident. The basic argument underlying no instruction is that assessment of punishment is for the court and instruction is unnecessary since it will not help the jury determine the issue of guilt. The argument favoring instruction begins with the premise that in reality jurors do consider the consequences of their verdicts. If they do not understand the meaning of a NGRI verdict, they might reach a guilty verdict out of fear that the defendant will go free. In conclusion, in any case in which the defense of insanity is properly raised, the court should instruct the jury on the consequences of NGRI verdict in a way that does not create confusion. The instruction should include a statement that it is meant to be purely informational and had no persuasive bearing on the jury's deliberations. Additional comments on the consequences of NGRI are undesirable. The article includes 85 footnotes.