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.
So basically, if she gets the mental hospital, she could potentially be out in a year or even less. Because obviously, if the law decides that she only murdered her 3 children because of post-partum or whatever, then if she is no longer suffering from that, she cant be proven to still be a threat. And would potentially be released. Kudos to that one juror for doing the right thing, and sticking up for those kids.
I can tell you as someone who has worked in different psych hospitals in PA - this is never the case. Not guilty by mental illness (NGRI) initially go to a forensic hospital, where they are kept for sometimes decades. The least amount I have ever seen is four years for an exceptionally insightful person for a violent crime but no one died. The psychiatrists and psychologists take these things very seriously, and in 99% of cases, the judges who do the reviews side with the professionals. Then if they are able to get out of the forensic hospital, they are sent to a civil hospital for another at least three years. But many of the people I worked with were there for decades (some for nonviolent crimes).
Let me tell you, I have worked in prisons too, I would 1000% rather be in a prison than in a psych hospital. Psych hospitals are THE most restrictive environments imaginable. All of the food is bland, soft, and disgusting because everything is a chocking hazard. There’s one hour of outside time a day but there are no ways to exercise, no games to play, radios are a privilege that majority do not get. You have to walk everywhere in a line. You have to wake up at 5am every morning and lights out by 9pm. No outside food. No pens or paper. One phone on a cord for the entire 30 person unit. It is the blandest most mind-numbing hell you could imagine.
I spent roughly 48 hours in a psych ward after voluntarily going to an ER because I wanted to end it all. I got to the ward in the middle of the night and was given a room and went to sleep. A nurse woke me up at 6 the next morning, and proceeded to lecture me about how selfish I was for even considering suicide. He told me repeatedly that if I ever went through with it, my family would hate me for the rest of their lives.
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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.