South Carolina Criminal Responsibility-Not Guilty by Reason of Insanity, Final Order is a legal ruling that is used in certain criminal cases in the state of South Carolina. This ruling is available when a defendant is charged with a criminal offense and found to have been legally insane at the time of the offense, meaning that they could not have understood the wrongfulness of their actions and/or could not have controlled their behavior. There are two types of South Carolina Criminal Responsibility-Not Guilty by Reason of Insanity, Final Order: Temporary and Permanent. A Temporary Final Order is used when an initial evaluation has found that the defendant is not guilty by reason of insanity, but additional evaluations are needed before a Permanent Final Order can be issued. The Permanent Final Order is issued when all evaluations have been completed and the court is satisfied that the defendant is not guilty by reason of insanity. The Permanent Final Order results in the defendant being committed to a mental health facility for treatment and/or for a period of time determined by the court.
South Carolina Criminal Responsibility-Not Guilty by Reason of Insanity, Final Order
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FAQ
What Happens if an Insanity Defense Is Successful? If a defendant successfully pleads not guilty by reason of insanity, they will not simply be released. Instead, the judge will order the defendant to be involuntarily placed in a psychiatric facility or mental institution rather than prison.
Legal insanity requires that the person, by reason of mental disease or defect was incapable of either: Knowing the nature of his or her act. Understanding the nature of his or her act. Distinguishing between right and wrong at the time of commission of the crime.
Defendants found not guilty by reason of insanity are not simply released. Instead, they are usually transferred into the custody of a psychiatric facility or other mental health institution, often for a longer period than defendants convicted and sent to prison for the same offense.
If you successfully plead the insanity defense, then you will not receive the normal jail/prison sentence for your crime. Instead, you will be committed to a state mental hospital.
Legal insanity requires that the person, by reason of mental disease or defect was incapable of either: Knowing the nature of his or her act. Understanding the nature of his or her act. Distinguishing between right and wrong at the time of commission of the crime.
S.C. Code § 44-23-10. If you are not already in a medical facility, such as a mental health center or a hospital, you may be detained. Usually that means that a member of law enforcement will take to you a hospital emergency room where you will be examined by a physician (medical doctor).
In the United States, those found to have been not guilty by reason of mental disorder or insanity are generally then required to undergo psychiatric treatment in a mental institution, except in the case of temporary insanity.
A successful NGI defense means that defendant will not be incarcerated in a jail or prison, but rather will spend time in a state mental hospital until doctors determine their sanity has been restored.