ADJUS-121 Lecture Notes - Lecture 16: Involuntary Commitment, Alcoholism
20 Jun 2020
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Various results if defendant wins his mental illness defense: Automatic commitment: not guilty by reason of insanity results in automatic commitment into the state mental hospital. State mental hospital determines when the defendant is ready for release. Trial judge has discretion to either allow the defendant to go free or to commit the defendant to the state mental hospital. After being found not guilty by reasons of insanity, a date for a hearing will be set for to determine if the defendant is currently mentally ill and in need of hospitalization. If not guilty of the criminal charge for any reasons, including insanity, the state can no longer hold the person in the state"s criminal justice system. In those jurisdictions, civil commitment proceedings are generally initiated. When successful in raising this defense, defendant will usually be found guilty of a lesser offense requiring a lesser mental state.
