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Re:What happens after a defendant is found not guilty by rea... by alkonaut on Wednesday September 27, 2017 @05:29PM (#15352512)
Someone decided the person was insane to begin with. If we could trust them to lock them up we need to trust them to release them too.

Now, this is a nearly non existent problem isn't it? For major crimes, being locked up in psychiatric care is a longer, or indefinite sentence, than would be served in prison (this varies between countries of course).

Re:What happens after a defendant is found not guilty by rea... by AnimalMuppet on Wednesday September 27, 2017 @05:33PM (#15352540)
> If we could trust them to lock them up we need to trust them to release them too.

This guy was getting locked up no matter what. The only question was, was he getting locked up in a prison or in a psych ward? So do we trust psychiatry enough to say "lock him up here rather than there"? Sure.

Do we trust them enough to say "It's safe to release him now"? That's a harder question.

Re:What happens after a defendant is found not guilty by rea... by kelnos on Wednesday September 27, 2017 @06:00PM (#15352724)
An interesting point (raised by the article) is the term of imprisonment. If he hadn't gotten NGRI, but had gone to jail, and it wasn't a life-without-parole sentence, he would have been released eventually.

In the involuntary commitment case, is it reasonable to hold a person longer than what the equivalent prison sentence would be, even if the person is still considered mentally ill after the equivalent time?

Re:What happens after a defendant is found not guilty by rea... by DanBC on Thursday September 28, 2017 @04:19AM (#15355605)
> In the involuntary commitment case, is it reasonable to hold a person longer than what the equivalent prison sentence would be, even if the person is still considered mentally ill after the equivalent time?

In England a prisoner who becomes mentally ill and is sent to hospital will be kept in hospital until they are well. The legal powers to send them to hospital and keep them there are listed in the Mental Health Act. People are detained under section of the MHA - commonly known as sectioned.

When a prisoner detained under section is in hospital and their prison sentence ends their section is converted to a different one, which allows treatment to continue.

Re:What happens after a defendant is found not guilty by rea... by alkonaut on Wednesday September 27, 2017 @06:08PM (#15352781)
I can only answer that for law where I live (Sweden) - the answer is a clear yes. Not only is it possible but it's likely/common.
Re:What happens after a defendant is found not guilty by rea... by IncRnd on Wednesday September 27, 2017 @05:46PM (#15352631)
> If we could trust them to lock them up we need to trust them to release them too.

That's not true. Doctors didn't make a decision to lock up the individual.

It's much easier to say that someone who executed other people is crazy than it is to say that person's craziness and tendencies toward evil have been cured.

Re:What happens after a defendant is found not guilty by rea... by alkonaut on Wednesday September 27, 2017 @06:05PM (#15352762)
Doctors decided the person was clinically insane.

Yes it's hard to say someone is sane, and also rare. Which is why this is such a small problem - people aren't often declared sane and released if they committed serious crimes.

> It's much easier to say that someone who executed other people is crazy than it is to say that person's craziness and tendencies toward evil have been cured.

No. It's literally the exact same evaluation. The reason it feels easier is because the stakes seem lower. Lock someone in prison or hospital? Big deal? When releasing, it's a risk assessment too. But the evaluation is exactly the same.

Re:What happens after a defendant is found not guilty by rea... by IncRnd on Wednesday September 27, 2017 @06:33PM (#15352946)
> Yes it's hard to say someone is sane, and also rare.

> No. It's literally the exact same evaluation. The reason it feels easier is because the stakes seem lower. Lock someone in prison or hospital? Big deal? When releasing, it's a risk assessment too. But the evaluation is exactly the same.

You said I was wrong, and then wrote text that supported my comment.

It doesn't matter if the evaluation is the same. The state of sanity differs from the state of insanity, yet not showing insanity is different from showing sanity. There are true-positives, true-negatives, false-positives, and false-negatives.

Re:What happens after a defendant is found not guilty by rea... by alkonaut on Thursday September 28, 2017 @02:26AM (#15355082)
I'm not saying you are wrong but I'm saying that an evaluation of someones sanity is the same whether they are stepping in through the door of a locked facility, or stepping out. It's not harder to do after than before - it's just more important to get right. You can call that "harder" but the evaluation is basically the same.

> showing insanity is different from showing sanity. There are true-positives, true-negatives, false-positives, and false-negatives.

Right. And a false positive might send someone to this facility instead of prison while a true negative might let someone out while dangerous.