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The guilty but mentally ill verdict finds the criminal defendant guilty but orders him or her to undergo mental health treatment while incarcerated. The insanity defense is generally a perfect affirmative defense in many jurisdictions.
Until 1972, defendants found incompetent to stand trial often ended up being institutionalized automatically and indefinitely.
If the defendant is found "guilty except insane," the judge will sentence the defendant to a term of prison in the state department of corrections and will order that the defendant be placed under the jurisdiction of the psychiatric security review board and committed to a state mental health facility under the ...
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.
A verdict of not guilty by reason of insanity results in an acquittal of the defendant; a verdict of guilty but mentally ill is a conviction, but the defendant must be given treatment during his confinement.
16 (1) No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong.