The general public has had a long history of dislike for the insanity defense. This view was probably justified in the 1970s when after new laws were passed and improved therapy was available many mental patients, including those who had used the insanity defense, were being released quickly. In one 1970s study, “124 of 223 criminal insane defendants were released after a 60 day hospital stay.” Ultimately this resulted in a few but notable repeat offenders, sparking public outcry and legal changes. Currently in some states, a criminally insane patient must have a judge’s approval before being released causing the average hospital stay to equal or exceed time spent in prison by a criminal charged with the same offense. Even now with these changes, many in the public have maintained their negative feelings about the insanity defense. (Newsweek 56)
It seems the verdict of guilty but mentally ill in many cases is not too different than a verdict of guilty. In theory, those found guilty but mentally ill should go to a mental hospital for treatment and when considered cured the remaining period of their sentenced time is spent in prison. However, in practice this doesn’t seem to be the case. In one study of a state using the guilty but mentally ill verdict 75% of those who were convicted as GBMT were given no treatment and sent straight to jail with no additional mental health resources. (Newsweek 56)
"The Insanity Pleas on Trial." Newsweek (1982): 56. LexisNexis. Web. 15 Nov. 2011.
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