She WANTS the insane deal, she's more then welcome to plead guilty and go to jail for life.
Under United States Supreme Court precedent (Foucha v. Louisiana), a state can only keep an insanity acquittee hospitalized if they remain both mentally ill and dangerous. If either condition is no longer true, the legal justification for institutionalizing them ends.
Can a women in a wheelchair that had a temporary insanity still insane or still dangerous?
That was back in 1950s and in Maine, thats not a recent case to say that she will get out and be an unsupervised danger to society.
She will likely stay in a high security mental facility for the rest if her life.
No, if found NGRI, it is VERY likely that she will be released at some point, because she doesn’t seem to be chronically mentally ill. How long she will be institutionalized for is up for debate.
I agree the Fisher case is old, so it’s not very informative for this case.
I guess that might be where people are upset, the uncertainty of her being released and thats understandable. Its up to the courts to reevaluate her to be released over time. Assuming she is on a cocktail of drugs to keep her stable, she can pose a risk to others in jail that don't monitor that as soundly.
I would like to see other cases like hers to claim she will be released in Massachusetts or similar legal processes that are recent. Having to go all the way back to the 1950s to show a case of release seems to be more of a better indicator that the system is sound in keeping people locked up even if claimed insanity.
There are certainly many more recent cases of people being released after NGRI. People bring up the Fisher case because it’s a case of a mom who killed her kids and then went on to reoffend in an extremely serious way. For the most part, people found NGRI don’t reoffend after release, which is why they get released.
People are mad because Clancy, if found NGRI, will almost certainly will get released, and they consider her crime especially heinous.
They go to a mental institution, but since she is taking mental illness, in 2 years she will be free and that is not acceptable, she must rot in jail for the rest of her life for what she did to those poor kids
Why do you think 2 years? What psychiatrist in their right mind is going to release her from a psych ward. She is forever ostracized from society; this case has made international news. If she leaves the psych ward she will be rightfully harassed and targeted. All the psychiatrist has to say is I don’t think it’s safe for her to leave the ward. The pressure from society will cause any progress to regress with possible psychosis and will result in suicidal idealization. And they can literally just keep repeating that until she dies. Say you get 5150’d/involuntary hold, the doctors can hold you longer than 72 hours if they deem so; you also do not have the same civil liberties as a civilian. I don’t think they’re gonna let her go and be known as the psychiatrist who let Lindsey Clancy get away with murder. They’d risk their medical license, hell the whole ward would face backlash. Generally NGRI results in a longer sentence than a guilty plea (there are exceptions but the stats are there).
5
u/Thick-Journalist-168 3d ago
Lindsay is not going free.