South Carolina Insanity - Form of Verdict
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FAQ
The guilty but mentally ill (GBMI) verdict is premised on the notion that when a defendant raises a claim of insanity, the jury should be permitted to return a verdict that falls between the total inculpation of a guilty verdict and the complete exoneration of a not guilty by reason of insanity verdict.
The Insanity Defense in North Carolina may ultimately result in institutionalization in a Mental Health Facility. If someone is found ?not guilty by reason of insanity,? this does not mean they are allowed to go free.
The GBMI verdict authorizes both a conventional criminal sanction and psychiatric treatment for a mentally ill defendant who sought to be found not guilty by reason of insanity.
The guilty but mentally ill (GBMI) verdict is premised on the notion that when a defendant raises a claim of insanity, the jury should be permitted to return a verdict that falls between the total inculpation of a guilty verdict and the complete exoneration of a not guilty by reason of insanity verdict.
Under Sections 17-24-10-80 of the South Carolina Code of Laws, the use of a defendant's mental health issues or claims of insanity are an affirmative defense that may be used on the part of someone charged with a crime.
(A) It is an affirmative defense to a prosecution for a crime that, at the time of the commission of the act constituting the offense, the defendant, as a result of mental disease or defect, lacked the capacity to distinguish moral or legal right from moral or legal wrong or to recognize the particular act charged as ...
