In the Aftermath of State v. Becker: A Review of State and Federal Jury Instructions on Insanity Acquittal Disposition

摘要

An important topic related to the insanity defense is what jurors should be told about the disposition of a defendant found not guilty by reason of insanity (NGRI). In the federal court system, jurors are not instructed about the consequences of an NGRI verdict. State courts, however, are divided on the question. The federal precedent, Shannon v. United States , and the most recent state case to rule on NGRI juror instructions, State v. Becker , are reviewed in detail. What follows is the author`s critique of the principal arguments for and against a jury instruction on NGRI disposition. The author argues in favor of a jury instruction on the consequences of an NGRI verdict.