NOT GUILTY BY REASON OF INSANITY (NGRI): A Review
Introduction
The concept of ‘Not Guilty By Reason of Insanity’ (NGRI) is an affirmative defense to criminal liability found in many jurisdictions around the world. NGRI is a plea that a defendant is not responsible for their actions due to a mental illness or defect which renders them unable to appreciate the wrongfulness of their actions. This article aims to review the legal framework surrounding NGRI and its implications for the defendant, the criminal justice system, and public policy.
Legal Framework
The legal framework of NGRI varies between jurisdictions, though the basic principles remain the same. In the US, the NGRI defense is governed by the Model Penal Code (MPC) and the McNaughton Rule, which states that a defendant is not responsible for their actions if they lack the ability to understand that their actions were wrong (MPC, 2018). In the UK, the NGRI defense is governed by the Homicide Act 1957, which states that a defendant is not guilty of a crime if they can show that their mental disorder impaired their ability to understand their actions (Homicide Act, 1957).
Implications
The use of NGRI has significant implications for the defendant, the criminal justice system, and public policy. For the defendant, the use of the NGRI plea allows them to avoid criminal liability for their actions due to a mental illness. This can be a positive outcome for the defendant, as it allows them to receive appropriate treatment for their mental illness instead of being incarcerated.
For the criminal justice system, the use of NGRI allows the court to consider the mental state of the defendant when determining their guilt. This can be beneficial for the justice system, as it allows them to take into account the mitigating factors associated with mental illness when determining a defendant’s sentence.
For public policy, the use of NGRI can have a positive impact on public safety. By allowing the court to consider the mental state of the defendant, it allows for an appropriate response to be taken to protect the public from those with mental illness who may pose a danger.
Conclusion
In conclusion, the concept of NGRI is an important part of the criminal justice system. It allows the court to take into account the mental state of the defendant when determining their guilt, which can be beneficial for both the defendant and the public.
References
Homicide Act 1957, c. 11. (1957).
Model Penal Code § 4.01. (2018). Retrieved from https://www.americanbar.org/groups/criminal_justice/publications/model_penal_code/model_penal_code_2017/chapter_4_general_principles_of_justification_and_excuse/4_01_general_principles_of_justification_and_excuse/