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Guilty but Mentally Ill

5 October, 2015 - 14:25

Post-Hinckley, some states adopted the guilty but mentally ill verdict. A defendant who is found guilty but mentally ill is not acquitted but punished and treated for mental health simultaneously while in prison. Typically, the guilty but mentally ill verdict is available only when the defendant fails to prove legal insanity, and requires the defendant to prove mental illness at the time of the crime to a preponderance of evidence. 1