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The innocent by reason of insanity or not guilty by reason of insanity (NGRI) plea is a defense under due process (Eighth Amendment). According to Wilson et al., there is a denial of due process when trying to convict or sentence a defendant who is insane or incompetent to stand trial. (Pate v. Robinson, 383 U.S. 375, 378 (1966). When evident during the trial, it is up to the court to conduct a hearing to determine mental capacity.... Explored are Hendricks, Yates, Laney, Riggins, Crane. Bibliography lists 6 sources. jvNGRI.rtf
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et al., there is a denial of due process when trying to convict or sentence a defendant who is insane or incompetent to stand trial. (Pate v. Robinson, 383 U.S.
375, 378 (1966). When evident during the trial, it is up to the court to conduct a hearing to determine mental capacity. (Drope v. Missouri, 420 U.S. 162 (1975). Once
a defendant is determined to be incapable of understanding the charges against him or the court proceedings, he is often acquitted of the crime and handed over to a mental
institution for treatment. The courts commitment power is limited to "until such time as he has regained his sanity or is no longer a danger to himself or society." (Jones
v. United States, 463 U.S. 354 (1983) at 370). Once an acquitted person so committed achieves mental health and is found to be
mentally capable, he stands trial or is released into society, as in United States v. John Hinckley, Jr., 525 F. Supp. 1342 (D.D.C. 1981) clarified, 529 F. Supp. 520 (D.D.C.),
affd 672 F 2d 115 (D.C. Cir. 1982). The problem in interpreting the insanity plea is that each case is different and much must
be considered. Expert witness testimony is necessary and, in fact of law, certain individuals always pose a danger to society or to themselves, whether they are being treated by mental
health professionals or considered mentally competent by the courts. These complications bring the viability of the not guilty by reason of insanity plea into constant question, particularly in light of
more recent cases where the plea has been redefined to include defenses such as "cannot control," as in Kansas v. Hendricks, which set the "Mental Abnormality" standard. (Hendricks states the
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