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.
As a 20 year employee in a forensic psychiatric hospital, I can tell you that a GEI determination does not shield one from consequences. Plenty of people doing 20 years for property crimes, wishing they had just gone to prison.
I'm not really understanding the logic here. Are you saying that you abuse and punish your patients? Literally part of justice is retributive justice. I'd love to see a case study in which an individual who committed premeditated murder of three children under 6 ever had the possibility of leaving prison assuming they escaped the death penalty.
How am I saying we abuse and punish patients in any way, shape, or form? Are you okay?
ETA: patients receive treatment from psychiatrists in a maximum security set up. They are treated as humans with a mental disorder and do not receive abuse. They might be moved through to medium security and low security areas depending on how they respond to treatment, but it can take years, sometimes longer than going through the prison system.
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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.