This seems way more sensible to me. I understand if the actual underlying crime should be innocent until proven guilty but if you are insane that specifically should be a higher burden of proof .
I just don’t think unqualified layman in the jury really should be the ones deciding whether someone was clinically insane or not.
The jury should just deliberate on whether the defendant committed the crime in question, if they rule they did, then the defense should be able to request a review by a panel of mental health experts who will be tasked with determining whether the defendant was criminally liable or clinically insane.
I think the problem is that clinical mental health diagnoses are factored the same as reason's like environmental and wealth inequality when it some to a trial. Like, "outside factor <X> is the reason they did what they did, so you should go easy/hard on them."
When, to your point, it should be ruled as evidence or a statement of fact in the trial. A non-bias, third-party panel of mental health experts would be a great compromise that prosecution, plaintiff, and defendants would all hate cause it would make it a definitive answer. It would then be up to both sides of the trial to explain what the diagnoses means, while not being allowed to trash the credibility of the panel.
That's how it works in my country. A specialized institute makes this judgement, after a judge orders it for the defendant. Their legal team can appeal that, and if the appeal fails the defendant can refuse cooperation, but they will be seen by that institute regardless. Their report is taken into account by the judge for the sentencing; and could result in a combination of jailtime and treatment. The treatment can be open ended. The idea is that once the treatment part has started, the end goal should be reintegration into society.
This together can take (substantially) longer than just the jail time, which is why the defense sometimes appeals this.
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u/hallo_its_me 19h ago
This seems way more sensible to me. I understand if the actual underlying crime should be innocent until proven guilty but if you are insane that specifically should be a higher burden of proof .