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Notes -
If Lindsay Clancy receives her preferred verdict she will be acquitted of the crimes for which she was tried. The involuntary commitment that follows this verdict is not, legally speaking, a punishment. A commitment to a mental health facility is not for the protection of society, but an acknowledgment that the verdict logically allows the state to confirm a mentally ill person is no longer mentally ill. That commitment is not to be used to lock away people who the state or an institution may consider dangerous beyond any danger that is tied to ongoing mental illness which requires treatment.
People want to believe the system will not treat her as acquitted of these crimes. I am sure this belief is validated in some cases. Medical professionals are probably skeptical of releasing the infamous from the looney bin even if they have no need for treatment. That is an injustice according to our legal fiction, but it's probably true that it happens.
A person who was somewhat crazy for a couple months, but very crazy (due to failed treatments) only for a 60 minute window where they strangled their own babies might only require treatment for a little craziness and depression now. For this reason I think we should rework the legal fiction and allow the state the option to pass down real sentences with this type of verdict. An individual can opt to transfer from the looney bin to prison to complete their sentence once they are deemed mentally fit if they so desire.
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