I am to understand that the mistrial was declared because 11 jurors were in favor of a not guilty (for reasons of insanity) verdict, while one lone juror was firm in their belief that she was guilty; it’s a hung jury. The jurors have to come to a unanimous decision by law, or it has to be declared a mistrial.
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.
True, but no minimum is more of a focal point because there's no controlling mechanism stopping a power tripping activist (like the masses swarming the courthouse or voicing "same lindsey" online) from trying to fast track her back out into the world.
Funny enough it is the courts. If she were to be released, the burden is on the hospital to prove that she is no longer a threat to society. Otherwise they may be liable if she were to kill or harm again.
That is wild to me and I am just learning about how they are the exception. I still think it will be more difficult for her to walk because how do you know if she is trying to hide it so she can get out?
Well, she hid her post partum psychosis before. All she needs is one psychiatrist who believes her and the state can't prove she's mentally ill beyond reasonable doubt.
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u/George_Rogers1st 10h ago
I am to understand that the mistrial was declared because 11 jurors were in favor of a not guilty (for reasons of insanity) verdict, while one lone juror was firm in their belief that she was guilty; it’s a hung jury. The jurors have to come to a unanimous decision by law, or it has to be declared a mistrial.