Not Guilty by Reason of Insanity: Ticket to freedom?

However, when a person is placed into a psychiatric setting as a result of their criminal acts they are not restricted by the term of sentence they would have recieved had they been found criminally responsible for their crimes.

Does this mean they can be let go faster then they typically would of? Yes. An example of this would be Lorenna Bobbit in the United States. She was labled as cured and let go very soon after her incarceration.

However, I would say this quick release is certainly not the norm. What is far more common is an individual is incarcerated into the psychiatric facility for a very extended period of time. For the most disturbed offenders (e.g., murderers) this may be forever.

The key to release from this type of treatment is to be evaluated as a low risk towards recidivism or violence. If an individual does not meet this criteria he will stay institutionalized. This could easily turn into a life of incarceration.

An example of this could be a rapist who was found to be non-competent. As a first offense the individual may have recieved a 10 year sentense, with release in 5 years. If the individual is continually evaluated as a risk in the prison setting he would be released in 10 years irregardless (though some new laws have been passed in Canada to prevent this from occuring in extreme cases) of their danger to society. If the rapist was found not guilty by mental defect his incarceration could be a life sentense.

So clearly this defense is not a 'free ticket' like many believe it is. Some individuals believe that all violent offenders have to be mentally ill in some form in order to commit their crimes. This may bring the need for this defense into question. However, I would state this unique situation is limited and of use to only the most ill offenders. Individuals who would be detremental to other prisoners and themselves if they were in the normal correctional system.

The non-competent ruling is clearly needed. However, individuals should not fear it as a way for criminals to get off free for their crimes and be allowed to harm again in society. As usual, fiction has clearly messed up the issue.

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