“Not guilty by reason of insanity” is a plea by a criminal defendant who admits the
criminal act, but claims that they were mentally disturbed at the time of the crime
and lacked the mental capacity to have intended to commit a crime. Such a plea requires
that a court conduct a trial on the issue of insanity alone. Before conducting such
a trial, the court may confine a beneficiary for a psychological examination. After
completion of a psychological evaluation, the court makes a decision about the beneficiary’s
sanity. An insanity judgment results in a verdict of "not guilty." If the beneficiary’s
insanity condition continues, it may result in commitment to a mental facility for
the criminally insane or to a mental hospital. If the beneficiary’s insanity condition
is temporary, the judge has the option to require the beneficiary to undergo psychological
therapy.
A court declares a defendant NGRI when it:
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finds a defendant guilty but insane with respect to a criminal offense;
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finds a defendant not guilty of a criminal offense by reason of insanity; or
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issues a similar verdict or finding with respect to a criminal offense based on similar
factors (such as mental disease, mental defect, or mental incompetence).
Being NGRI is not the same as being insane at the time of trial and consequently incompetent
to stand trial (IST). A court postpones an IST defendant’s trial and normally confines
the defendant to a mental facility pending their recovery. For more information on
IST beneficiaries, see GN 02607.330.