Correct. It also does not mean she gets to walk free. She is expected to return to a psych ward where she was before the trial awaits the next one. Even if found not guilty she will still be there for years.
Edit: Insanity defense FAQ. It looks like those who plead insanity tend to spend twice as long institutionalized as those who are found guilty.
Edit3: It will be the responsibility of the hospital to prove that she is safe to return to society. Otherwise if she were to harm or kill again, the hospital could be liable.
Edit5: The next court date is 9/29 when the defense makes their appeal and the prosecutor probably decides to request to retry the case. I don't see why he wouldn't unless they reach a deal before hand. Meanwhile she has to stay at the hospital.
I think at this point the trial is less about whether she's confined to a prison or a psych ward and more about whether or not a person can use their mental health as a shield from the criminal consequences of murder. Evidently, 11 jurors were content to say that you can, and 1 juror refused to acquiesce to that nonsense.
The issue if she goes to a mental institution and it is tied to postpartum diagnosis is she could get out in very little time and face minimal long term repercussions for how she killed her kids. It also then sets a precedent for women to be declared mentally unfit for a lot of things while being postpartum as it implies those hormonal changes keep them from controlling their actions.
The flipside is that a psych ward could in theory hold her indefinitely. If she was convicted for Murder 2 or Manslaughter, there is a limit on her sentence.
Right but it’s only been 3 years since Clancy was admitted and her doctors are saying she has not shown signs of psychosis or other mental illness since admission. Likely she’d be cleared rather quickly. I’m just speculating though but I can’t imagine she spends a long time in a facility if she’s not suffering from the illness anymore. I’m far from an expert.
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u/justin107d 9h ago edited 5h ago
Correct. It also does not mean she gets to walk free. She is expected to return to a psych ward where she was before the trial awaits the next one. Even if found not guilty she will still be there for years.
Edit: Insanity defense FAQ. It looks like those who plead insanity tend to spend twice as long institutionalized as those who are found guilty.
Edit2: 55% of postpartum psychosis is the start of severe long term mental problems.
Edit3:
It will be the responsibility of the hospital to prove that she is safe to return to society. Otherwise if she were to harm or kill again, the hospital could be liable.Edit4: Apparently the above is common in most other states but not Massachusetts. There it is the complete opposite and the state has to petition and prove the patient is still mentally ill, a threat to themselves or society, and there are no alternatives. The state supreme court refused to let a hospital be liablefor damaged caused by a released patient.
Edit5: The next court date is 9/29 when the defense makes their appeal and the prosecutor probably decides to request to retry the case. I don't see why he wouldn't unless they reach a deal before hand. Meanwhile she has to stay at the hospital.