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NGRI Plea

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FedUp47

Junior Member
What is the name of your state? Ohio

I have posted a couple of questions about my son being stabbed last year and the legal proceedings thus far. Yesterday, the defendant entered a plea of not guilty by reason of insanity. Apparently he has been diagnosed paranoid schizophrenic since he has been in prison on an unrelated case. Frankly, I don't buy it. I have known this person for 15 years. I've never seen any signs that he was paranoid, or any signs of schizophrenia. I know, I'm not a doctor. I'm just so angry right now.

Can someone please tell me what to expect next? What happens when an NGRI plea is entered? If he is found to be "insane", does he just walk?
 


quincy

Senior Member
What is the name of your state? Ohio

I have posted a couple of questions about my son being stabbed last year and the legal proceedings thus far. Yesterday, the defendant entered a plea of not guilty by reason of insanity. Apparently he has been diagnosed paranoid schizophrenic since he has been in prison on an unrelated case. Frankly, I don't buy it. I have known this person for 15 years. I've never seen any signs that he was paranoid, or any signs of schizophrenia. I know, I'm not a doctor. I'm just so angry right now.

Can someone please tell me what to expect next? What happens when an NGRI plea is entered? If he is found to be "insane", does he just walk?
The defendant will be evaluated by mental health experts chosen by the defense and by the state and opinions of the defendant's mental health will be presented.

The defendant will not "just walk" with an insanity defense. If the defendant is found guilty but mentally ill, there will be psychiatric treatment ordered.
 

FedUp47

Junior Member
Thanks quincy. I spoke to my son's Victims Advocate yesterday and she made me feel a little better. I'm sure I'll be back asking a million questions until this thing is over.
 

quincy

Senior Member
Someone is always hanging around here so feel free to return with questions any time. :)

I am glad the victims advocate was able to relieve some of your worry.

Good luck, FedUp47. Thanks for the thanks.
 

Ohiogal

Queen Bee
The defendant will be evaluated by mental health experts chosen by the defense and by the state and opinions of the defendant's mental health will be presented.

The defendant will not "just walk" with an insanity defense. If the defendant is found guilty but mentally ill, there will be psychiatric treatment ordered.
Actually there are two things that could happen -- the defendant could be found not competent and they would attempt to make him competent to stand trial. If he is found NOT GUILTY BY REASON OF INSANITY he will be confined to a psychiatric facility for treatment. So technically you are wrong Quincy -- he wouldn't be found GUILTY but rather he would be found NGRI and confined.
 

quincy

Senior Member
Correction noted for Ohio. There are states that allow "guilty but mentally ill" verdicts.

In Ohio, it will be up to the defense to prove that the defendant is not criminally responsible because, at the time of the crime, he was mentally incapable of knowing right from wrong. The defense must show the defendant did not know or understand the nature or quality of his act.

In Michigan, the burden of proving sanity is on the State.
 

Ohiogal

Queen Bee
Correction noted for Ohio. There are states that allow "guilty but mentally ill" verdicts.

In Ohio, it will be up to the defense to prove that the defendant is not criminally responsible because, at the time of the crime, he was mentally incapable of knowing right from wrong. The defense must show the defendant did not know or understand the nature or quality of his act.

In Michigan, the burden of proving sanity is on the State.
In Ohio a NGRI assessment will be performed in order to determine whether defendant knew that. The assessment will operate as a presumption. The prosecution could disagree with the assessment and attempt to show otherwise but usually it is the court choosing who does the assessment. Then either side could ask for a second opinion.
 

FedUp47

Junior Member
I really appreciate your responses. I've been so busy I haven't checked in lately.

In Ohio, it will be up to the defense to prove that the defendant is not criminally responsible because, at the time of the crime, he was mentally incapable of knowing right from wrong. The defense must show the defendant did not know or understand the nature or quality of his act.
Where does drug addiction fit into this? Can he use "Oh, I was messed up on meth when I did it, so I wasn't in my right mind." as a defense?
 

quincy

Senior Member
The defendant can use any defense that he thinks might help him escape a guilty verdict. Whether a defense of "I was messed up on meth when I did it" will work for him is probably unlikely.
 

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