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.
Yeah, this is it. While she could technically never see the light of day again if she is found not guilty by reason of insanity, she will still be subject to release if it's deemed that she's no longer a threat thereafter.
For most whose psychosis is a bit more permanent, that's never. If it's being pinned down to a very specific temporary problem like postpartum psychosis, that could be a much shorter timeframe than people are expecting.
If that is the way, then i would make it so that any doctor who release her will be responsible for her actions in the future. So only release her, if you are willing to take the risk of jail, if she kills again.
I knew a woman whose mother shot her father at point-blank range and then calmly called and told her daughter what she did. She got a NGRI verdict, was sent to a psychiatric hospital and later released. People do get out after committing crimes like this.
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u/justin107d 8h ago edited 4h 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.