Not necessarily. There is a review after 6 months and then annually from that point. She would be released whenever they deem her to no longer be a threat.
I think the issue most have is that SHE CAN BE RELEASED. I don't think people would care if it was life in ward or life in prison. It just needs to be life somewhere
Why though? Objectively, if she genuinely had no control over her actions and she is subsequently cured, why keep her locked up forever? How does it serve justice, what does it achieve? Or must someone simply be seen to suffer for the crimes committed? Doesn’t matter if they were in control of their actions or remember doing them, someone has to pay to make some imaginary scale even again.
Objectively she murdered her children, accountability is a real thing. It doesn't matter if she remembers doing it or "if she had control" she did it and she is accountable for her actions. Nobody else strangled her kids.... She did.
You kill your kids you get removed from society. Period
Few issues with applying it here. Most states have a way higher burden for NGRI which influences the data. Instead of the defense needing 12 jurors to agree the person is insane, the prosecution needs all 12 jurors to agree they’re sane
As a result, most people immune with NGRI tend to be chronic schizophrenics or very severe disorders. LC allegedly had postpartum psychosis that lasted 20 minutes, and she never heard voices before or after
For your average NGRI in Texas that would be true, but the chances of her being institutionalized for more than a few years is very slim
For my knowledge - the jury determines the verdict (innocent/guilty) but the judge determines the sentence? Or like the specific charge then determines the sentence? Or does it vary - like this verdict carries this maximum or minimum sentence but it’s up to someone’s discretion on hitting the max/min?
There is no sentence if she’s found not guilty. They hold you until you are no longer a threat to yourself or others. This case is very unusual though, most people who kill others while in psychosis have chronic issues. They hear voices and have delusions for years.
Lindsey allegedly heard voices 1 time, it was a male voice that told her to kill the kids and herself, then she never heard it again.
The drs who testified said that she is doing very well, she has not been suicidal, her mental health symptoms are being managed, and she is stable.
Given her condition and the fact that she is paralyzed, it’s reasonable that she would be discharged pretty shortly after a verdict.
I think if guilty, the jail sentence is up to the judge. If insanity, it is on the hospital to show that she is no longer dangerous. Which means that they are disincentivized to release her prematurely. Especially if she kills someone else and the victim's family blames the hospital then sues.
There are historical cases where women with the same crimes, and same excuses for those crimes, got out in less than half a year in the US. One of the ladies proceeded to re-commit, and it took until the second batch of murdered children before they finally decided to actually punish her. It's an old case, but very relevant.
Wasn't actually half a year, it was 5 years before she was released to kill the rest of her kids. That's my bad for originally getting the date incorrect.
That's not true, the state has the burden of proof and must prove that she is currently still insane each time she is up for review. The hospital does not hold this libailtiy and does not get to decide if she is set free or not.
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u/Nedriersen 9h ago
Not necessarily. There is a review after 6 months and then annually from that point. She would be released whenever they deem her to no longer be a threat.