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If someone is found not guilty of murder by reason of insanity, why do we let them out?

Posted on 10/3/25 at 6:44 pm
Posted by msutiger
Houston
Member since Jul 2008
71358 posts
Posted on 10/3/25 at 6:44 pm
Insane story out of Kentucky. Man in 2015 stabs a 6-year-old to death and is out of jail in ten years and set free

Posted by Corinthians420
Iowa
Member since Jun 2022
16104 posts
Posted on 10/3/25 at 6:47 pm to
bring back asylums

but seriously I thought this would at least put them in some kind of mental health facility
Posted by Frac the world
The Centennial State
Member since Oct 2014
20546 posts
Posted on 10/3/25 at 6:53 pm to
Yea it’s fricked up, if I’m that boys father I’d be crafting up a plan to Dexter that evil POS
Posted by LSUTANGERINE
Baton Rouge and Northshore LA
Member since Sep 2006
37724 posts
Posted on 10/3/25 at 6:59 pm to
Because they’re “not guilty”.
Once they are no longer deemed insane, they are free to go, typically with strict condition conditions.

People who are found NGRI often spend more time in a forensic psychiatric facility then they would have had they been found a guilty.

This case is one that should have never been let out. Ever. He needs to be done with.

Many states are moving towards GBMI. Guilty but mentally ill. That would allow for both treatment and incarceration.
This post was edited on 10/3/25 at 8:49 pm
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
31475 posts
Posted on 10/3/25 at 7:02 pm to
I'll probably ignore any replies as I'm not interested in debating the issue, but to simply answer your question from a legal perspective:

An NGRI plea/verdict means that the individual was incapable of discerning between right and wrong at the time of the offense, and therefore did not have requisite mental state to commit an intentional offense. Therefore, it's illegal to try to convict them of the crime. However, they are institutionalized for as long as they are determined to be a continued risk of harm to themselves or others. At which point they are no longer deemed a risk to themselves or others, they are generally permitted supervised release.

In short, the answer to your question is within your question: why do we let people out found not guilty of murder by reason of insanity? Because they haven't been convicted of murder.
Posted by CocomoLSU
Inside your dome.
Member since Feb 2004
155363 posts
Posted on 10/3/25 at 7:03 pm to
quote:

The boy’s father says, “I’ve had my talks with God… I told the court if I ever cross paths with him, I will k*ll the man — I will k*ll him where he stands.”

Man, I hope the dad doesn’t throw his life away and do it (mostly for the sake of the rest of his family).

But also…….i understand. And I hope he has the most lenient judge and jury imaginable if he hands out justice that the system failed to give him and his family.

ETA: I watched the video and he says “if he ever crosses paths with the man, he will kill him where he stands.” So it doesn’t seem like a revenge/vigilante type of response, and more of a desperation thing. That dude is completely broken. That shite is heartbreaking.
This post was edited on 10/4/25 at 10:49 am
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
31475 posts
Posted on 10/3/25 at 7:04 pm to
quote:

but seriously I thought this would at least put them in some kind of mental health facility

They do. Back when I was a PD, I would routinely handle "sanity reviews" from cases that were decades old. Some had to be transported from Jackson every time and held in the box, some were transported from halfway houses and sat in the gallery, some (very, very few) walked in off the street, but were still being supervised. It's extremely case by case.
Posted by BigBinBR
Baton Rouge
Member since Mar 2023
9157 posts
Posted on 10/3/25 at 7:12 pm to
quote:

Man, I hope the dad doesn’t throw his life away and do it (mostly for the sake of the rest of his family).


Sure sounds like the father would be not guilty by reason of insanity in my book.
Posted by UncleRuckus
Member since Feb 2013
9627 posts
Posted on 10/3/25 at 7:13 pm to
Liberal judges doing liberal things
Posted by forkedintheroad
Member since Feb 2025
1452 posts
Posted on 10/3/25 at 7:16 pm to
quote:

Because they haven't been convicted of murder.


They should be retried as soon as they are deemed mentally stable.
This post was edited on 10/3/25 at 7:17 pm
Posted by W2NOMO
Member since Jul 2025
1543 posts
Posted on 10/3/25 at 7:22 pm to
Hope they find him decapitated.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
31475 posts
Posted on 10/3/25 at 7:24 pm to
quote:

They should be retried as soon as they are deemed mentally stable.

You're conflating sanity at the time of the offense and competency to stand trial. I've already given the standard for the former; the standard for the latter is whether the individual currently understands the proceedings against him and can aid in his own defense. The latter can "restored" and then tried once competent. Because the former is concerned with their mental state at the time of the offense, there's no way to retroactively restore it. They were either sane at the time of the offense or they weren't.
Posted by Bjorn Cyborg
Member since Sep 2016
33879 posts
Posted on 10/3/25 at 7:25 pm to
I’ve long said, crimes committed by the insane are worse and should be treated as such.

The idea that the insanity plea exists, and results in a lesser penalty is, well, insane.

Posted by Lowdermilk
Lowdermilk Beach
Member since Aug 2024
946 posts
Posted on 10/3/25 at 7:27 pm to
quote:

if I’m that boys father I’d be crafting up a plan to Dexter that evil POS


Scaphism
Scaphism, also known as the boats, is reported by Plutarch in his Life of Artaxerxes as an ancient Persian method of execution. He describes the victim being trapped between two small boats, one inverted on top of the other, with limbs and head sticking out, feeding them and smearing them with milk and honey, and allowing them to fester and be devoured by insects and other vermin over time.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
31475 posts
Posted on 10/3/25 at 7:28 pm to
quote:

The idea that the insanity plea exists, and results in a lesser penalty is, well, insane.


Technically, it results in zero penalty. The requisite "treatment" isn't really a "sentence" because they haven't been convicted of anything.
Posted by Dixie2023
Member since Mar 2023
4590 posts
Posted on 10/3/25 at 7:29 pm to
One deemed insane should also be able to receive the death penalty or life without parole. No need for them to be in society.
Posted by Bjorn Cyborg
Member since Sep 2016
33879 posts
Posted on 10/3/25 at 7:29 pm to
quote:

I've already given the standard


We get it, bro. But it’s a ridiculous law.

Lots of crimes are committed due to situations that aren’t permanent.

If I kill for food, is it cool later when I’m not hungry?
Posted by LSUtoBOOT
Member since Aug 2012
19060 posts
Posted on 10/3/25 at 7:30 pm to
Insanity plea for cold blooded murder should require an automatic frontal lobotomy, no other way to stop it from happening again.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
31475 posts
Posted on 10/3/25 at 7:32 pm to
quote:

We get it, bro. But it’s a ridiculous law.

Most attorneys don't get it; damned near zero non-attorneys will "get it" before reading this thread.
Posted by Bjorn Cyborg
Member since Sep 2016
33879 posts
Posted on 10/3/25 at 7:33 pm to
quote:

Technically, it results in zero penalty. The requisite "treatment" isn't really a "sentence" because they haven't been convicted of anything.


Even dumber. What fricking moron came up with such a gross interpretation of the law?
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