The “Guilty But Mentally Ill” finding by the Court is often compared to a finding of insanity. Despite this being the case, though, the two outcomes are very different from one another.
Understanding what, exactly, a “Guilty But Mentally Ill” ruling is and speaking with a Chicago criminal defense attorney will allow you to obtain the best possible legal outcome.
What Is The “Guilty But Mentally Ill” Ruling?
Someone can be found guilty of a particular offense but mentally ill while that offense was committed.
Just as an example, if someone murders another individual, and they did so while experiencing a mental health episode of one sort or another, then they can say that they committed the murder while mentally ill. The distinction between guilty but mentally ill and insane may seem complicated because both require the person to suffer from a mental illness. However, to be legally insane at the time of the offense, one has to suffer from a disease or mental defect that does not allow one to understand the criminality of the offense. So, while a bipolar diagnosis would most likely result in a guilty but mentally ill, someone suffering from schizophrenia would likely result in an insanity ruling.
The idea outlined above serves as the foundation for the “Guilty But Mentally Ill” ruling.
On its own, “Guilty But Mentally Ill” may sound fine. There is one major problem, though: “Guilty But Mentally Ill” isn’t actually a defense. In fact, it’s a finding by the Court, and it affirms one’s guilt in an alleged act.
Someone who is found guilty but mentally ill will be held criminally responsible for their actions. People who are found Insane are not released back into the public. They are committed to the Illinois Department of Health and Human Services until they can be deemed safe to return to society. People who are found “Guilty But Mentally Ill” can and are sentenced to the Illinois Department of Corrections.
Is The “Guilty But Mentally Ill” Finding Different From The Insanity Defense?
The “Guilty But Mentally Ill” defense is different from the insanity defense in two very important ways.
As mentioned earlier, the “Guilty But Mentally Ill” ruling isn’t actually a defense. The second major difference is that if someone is found to be guilty but mentally ill, the only thing they will get is extra mental health support while going through the criminal penalties that the Court imposes.
Is a “Guilty But Mentally Ill” Ruling Better Than The Insanity Defense?
To answer the question outlined above, no, a “Guilty But Mentally Ill” ruling is not necessarily better than the insanity defense.
There are two major differences in the outcomes. As discussed, the first difference is that “Guilty But Mentally Ill” persons go to the penitentiary. People who are found to be Insane are sent to secure mental facilities run by the state. The second and more profound difference is the length of time the people are held by the state. “Guilty But Mentally Ill” findings result in the person serving a set number of years in the Illinois Department of Corrections. Insanity findings result in the person being held by the state in a secure facility for an undetermined number of years, not to exceed the maximum number of years a person could serve if convicted in criminal court for the offense charged.
To give an example, assume the defendant in a case shot someone who didn’t die from the shooting. They are charged with Aggravated Battery with a firearm, which carries a potential sentence of 6-30 years in the Illinois Department of Corrections. If the defendant is found “Guilty But Mentally Ill” and the Judge sentences them to 6 years in the Illinois Department of Corrections, they will do that set amount of time minus whatever good time they receive. If that same defendant is found insane at the time of the offense, there is no set amount of time they can be held by the state. They could be held for up to 30 years if they did not get better during the course of the treatment in the secure facility.
Many of the people who obtain a verdict that affirms their guilt, as well as their mental illness, attempt to employ an insanity defense but fail to do so effectively. If an individual would like to employ the insanity defense effectively without inadvertently employing a “Guilty But Mentally Ill” non-defense, then it is of the utmost importance that they work with an experienced attorney.
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