Explain the difference between being found not guilty by reason of insanity and guilty but mentally ill
What will be an ideal response?
For a person to be found guilty of a crime, the state must demonstrate that the accused person committed the illegal act and behaved with criminal intent. Not guilty by reason of insanity (NGRI) is a legal decision that describes people who commit a crime but who are prevented by a psychological disorder from understanding the seriousness and illegality of their actions. Therefore, they are considered not to have criminal intent. NGRI is an affirmative defense. If it is successful, the individual is not subject to criminal incarceration but is subject to civil proceedings regarding confinement.
In contrast, when a person is found guilty but mentally ill (GBMI) or guilty except insane, the person is considered criminally guilty and is subject to criminal penalties such as incarceration in a penal institution. The addition of "but mentally ill" acknowledges the presence of a psychological disorder when the offense was committed, but does not change the person's criminal responsibility.
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