If a Patient in a Mental Sanitorium Commits a Crime Can He Be Charged?

[HiFi]

What is the name of your state (only U.S. law)? CA

I actually read about this today in a newspaper and saw a movie "Dream Lover" with James Spader on this and I'm not exactly sure what is the reality. If a patient, voluntary or otherwise is in a sanitarium or other mental health facility, and he either assaults or rapes or murders someone there, can he be tried in court for the crime or is he automatically innocent by reason of insanity?

 

[HomeGuru]

What is the name of your state (only U.S. law)? CA

I actually read about this today in a newspaper and saw a movie "Dream Lover" with James Spader on this and I'm not exactly sure what is the reality. If a patient, voluntary or otherwise is in a sanitarium or other mental health facility, and he either assaults or rapes or murders someone there, can he be tried in court for the crime or is he automatically innocent by reason of insanity?

**A: yes he can be charged.

 

[FlyingRon]

Why wouldn't he be chargable? They can be charged if their is probable cause that they have committed a crime. The charging doesn't care about their competency. They can be tried if they are competent enough to understand what is happening in the trial. They can be found guilty but insane (depending on jurisdiction) or not guilty by reason of insanity if they meet the criteria for those as brought out by trial.

 

[HiFi]

To Clarify Your Saying a Legally Insane Person Won't Get Off By Insanity

I might not have worded my question that clear for which I apologize. Are you saying that a legally insane person or a person who is in a mental hospital for mental illness- let's say the dude who shot Reagan for example, if he commits an assault, a rape or murder while being locked up there for insanity, will be charged for the crime and not necessarily get off using the mentally insane defense?

 

[Ozark_Sophist]

I might not have worded my question that clear for which I apologize. Are you saying that a legally insane person or a person who is in a mental hospital for mental illness- let's say the dude who shot Reagan for example, if he commits an assault, a rape or murder while being locked up there for insanity, will be charged for the crime and not necessarily get off using the mentally insane defense?

Charged even for property crimes (destruction of property).

If the patient is in the hospital, they are getting treatment. Insanity defense in is not even very successful in untreated individuals.

 

[HiFi]

Your Saying An Insanity Defense Won't Necessarily Work for Someone Legally Insane

To reiterate, if someone like the guy who shot Reagan and is still in a Sanitarium, murders, rapes or assault someone there, he still will be charged with a crime and he may not get off using the Insanity Defense even though he is considered mentally insane? Is that correct?

 

[HomeGuru]

To reiterate, if someone like the guy who shot Reagan and is still in a Sanitarium, murders, rapes or assault someone there, he still will be charged with a crime and he may not get off using the Insanity Defense even though he is considered mentally insane? Is that correct?

**A: my response remains the same.

 

[Zigner]

**A: my response remains the same.

But, he reworded AND reiterated! How can that be?!?

 

[HomeGuru]

But, he reworded AND reiterated! How can that be?!?

**A: because he is the one in a sanitarium with a split personality.
A future post will be from one of the personality's imaginary friend.

 

[CdwJava]

Being in a mental health facility does NOT automatically mean that a person is incapable of committing a crime. A mental health defense is much more particular than that, and mental illness - by itself - does not confer a defense to criminal activity.

Legal insanity is different than the psychological definition of mental illness. For a person to be punished for his or her crime, the prosecutor must show that he or she possessed the mental capacity to justify intent. Being in a mental health facility for, say, depression, does not mean that the person was unaware that his or her actions were wrong or unlawful.

The law:

25. (a) The defense of diminished capacity is hereby abolished. In
a criminal action, as well as any juvenile court proceeding,
evidence concerning an accused person's intoxication, trauma, mental
illness, disease, or defect shall not be admissible to show or negate
capacity to form the particular purpose, intent, motive, malice
aforethought, knowledge, or other mental state required for the
commission of the crime charged.
(b) In any criminal proceeding, including any juvenile court
proceeding, in which a plea of not guilty by reason of insanity is
entered, this defense shall be found by the trier of fact only when
the accused person proves by a preponderance of the evidence that he
or she was incapable of knowing or understanding the nature and
quality of his or her act and of distinguishing right from wrong at
the time of the commission of the offense.
(c) Notwithstanding the foregoing, evidence of diminished capacity
or of a mental disorder may be considered by the court only at the
time of sentencing or other disposition or commitment.
(d) The provisions of this section shall not be amended by the
Legislature except by statute passed in each house by rollcall vote
entered in the journal, two-thirds of the membership concurring, or
by a statute that becomes effective only when approved by the
electors.​

- Carl

 

[CdwJava]

To reiterate, if someone like the guy who shot Reagan and is still in a Sanitarium, murders, rapes or assault someone there, he still will be charged with a crime and he may not get off using the Insanity Defense even though he is considered mentally insane? Is that correct?

Absolutely correct.

- Carl