A bill to limit the insanity defense and to provide a procedure for commitment of defendants found guilty who are mentally ill.

Summary

Amends the Federal criminal code to make it a defense to a Federal prosecution that the defendant, as a result of a mental disease, could not at the time the offense was committed understand the nature and quality of his actions nor determine their wrongfulness. Places the burden of proving the defense of insanity on the defendant. Prohibits expert witnesses from offering opinions on the ultimate legal issues presented to the trier of fact. Authorizes a special verdict of "not quilty by reason of insanity" for any criminal defendant who raises the issue of insanity by notice as provided by Rule 12 of the Federal Rules of Criminal Procedure. Requires the court to hold a hearing to determine the present mental condition of the defendant. Directs the court to commit such person to the custody of the Attorney General upon a finding by a preponderance of the evidence that the person is presently suffering from a mental disease or defect, rendering him mentally incompetent. Directs the Attorney General to hospitalize such person in a suitable facility. Provides that when the defendant has recovered and is able to understand the nature and consequences of the proceedings against him, the court will order his releases and set a date for trial. Permits the jury or the court in a non-jury trial to find a defendant "guilty but mentally-ill." Provides for the hospitalization of persons found not guilty by reason of insanity, convicted persons, imprisoned persons and persons due for release who are found to suffer from mental disease or defect. Allows for discharge when such person is found to have recovered. Requires the imprisonment of any such person whose sentence has not expired.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 27 July 1982

   Introduced

   Read twice and referred to the Committee on Judiciary.

   Source: IntroReferral

2. 27 July 1982

   Introduced

   Introduced in Senate

   Source: IntroReferral

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

1 official file

• Introduced in Senate

  summary · EN · 27 July 1982

  Open at official source

Sponsors

• Rep. Cochran, Thad [R-MS-4] · R · Sponsor
• Sen. Boren, David L. [D-OK] · D · Sponsor
• Sen. Huddleston, Walter (Dee) [D-KY] · D · Cosponsor
• Sen. Burdick, Quentin N. [D-ND] · D · Cosponsor
• · ssju00 · Standing

Related records

No cross-record relationships stored yet.