She is looking for a verdict of not guilty for reasons of insanity. She is going to be in a mental institution until she no longer poses a threat to herself or others, even if she does succeed in that defence.
No, until the doctors at whatever institution she would be committed to are satisfied that she is properly treated and no longer at risk of psychotic episodes.
Most doctors will not risk their license or reputation by releasing a person found not guilty by reason of insanity. For the most part, it's considered a life sentence.
On July 30th, 2008, Vincent Li stabbed and killed Tim McClean on a Greyhound bus from Edmonton to Winnipeg in Canada. He then proceeded to decapitate Tim, display his head to people outside the bus, and cut off other portions of his body and eat them before the police showed up and arrested him.
In the trial that followed, it was determined that Vincent Li was not criminally responsible due to having undiagnosed schizophrenia (apparently people just assumed he was a very devout Christian convert when he told people that Jesus spoke to him). He was remanded to a mental institution in 2009.
By 2012 (3 years later), he was allowed to take supervised trips into the nearby town. By 2014 (5 years later) he was allowed to take unsupervised trips into the nearby town. By 2015 (6 years later) he was allowed to take unsupervised day trips to Winnipeg so long as he kept a cell phone on him at all times. By 2016 (7 years later) he was allowed to live independently outside of the prison. In 2017, 8 years after being committed, he was given a full non-conditional discharge, with no legal obligations or responsibilities above and beyond those of any other citizen.
While I am usually pretty quick to be critical of the Canadian justice system this seems reasonable. He was determined to have committed the crime as the result of a psychotic episode, doctors determined the issue was resolved, slowly reintegrated him into society and he has not committed any crimes since.
This seems better than the alternative of locking up a now healthy person for decades at the expense of the tax payer.
While I would not be opposed to ongoing check ins with psychiatrists being required I generally trust doctors to know if a person needs continued care better than I trust the general public. Like it would be in their interest to say he needs care even if he doesn't so it's not like they are doing this for some corrupt reasoning.
Sure, but a lot of people were furious when he was released, and also, it shows that doctors absolutely will release patients found not criminally responsible due to mental health reasons.
People's anger isn't super relevant to me on the matter, and they should be released if they are found to be not responsible because of mental health reasons and then after extensive care those issues are found to be resolved. It is also a very different situation in Canada and the US.
if you're going to be citing "actual legal terms" for people, you should at least look into what else might be an actual legal term (like "not guilty by reason of insanity (NGRI)") and what she actually legally pled ("not guilty")
He committed his crime as the result of a psychotic break, which has now been resolved. If his doctors were confident enough to release him I am not sure why I should not trust them. And I say this as someone incredibly critical of the general catch and release habits of the Canadian justice system.
That’s largely due to Andrea waiving her yearly rights to be medically reviewed to determine release eligibility. If she really wanted out of the hospital and was determined legally rehabilitated, they would release her.
Yes, key phrase being "and was determined legally rehabilitated" which in Texas is determined by the State District Court presiding judge.
She not only has to be medically cleared, she also has to get a Texas judge to sign off, which I wouldn't count on. But, since that's how it works practically everywhere, that's not a condition unique to Andrea Yates that doesn't apply to Lindsay Clancy.
Welp they didn't do that great of a job up until the point she strangled her 3 children with an exercise band. So who knows how long she will be in there.
There was a lady that was interviewed outside the trial and she said “I want for her to be found not guilty so she has a chance to start a family and have the peace she deserves” https://giphy.com/gifs/W0c3xcZ3F1d0EYYb0f
There is a video of a woman in New York that stabbed someone to death, and then a video of a woman breaking into a school bus. If Clancy is back on the streets, she will probably kill someone's kid at a park or something because of astrology signs or whatever other mental illness is used as an excuse.
Yes and if she is in a mental institution she could be released. There was some guy in Canada who cut off someone's head and ate parts of it, and they let him out of a mental institution and allowed him to change his name. So, I don't really think these mental hospitals are worried about the safety of civilized society.
if she is found not guilty by reason of insanity, the shortest amount of time she could spend behind bars is 40 days (the minimum cycle time for review).
It is incredibly unlikely that a care team of Drs would find her able to rejoin society that quickly, and even if one does, a judge still needs to sign off on the release.
Look at someone like John Hinkley - incarcerated in a mental institution in 1981, given conditional release in 2016, full release in 2022. And that was very controversial.
There's also a chance she could be criminally convicted and then have that overturned due to prosecutorial misconduct. There's also a chance she could be criminally convicted and then pardoned by the governor.
Are you also worried about those minescule chances?
I don't know why you are getting pissy with me, I don't make the rules.
Just to add here but, being in a mental institution is even worst than being in prison. In prison you do 20 or 30 years let's say, if you behave well you can reduce the sentence and all. In mental institution there are no end dates, you can literally spend your whole life there. (I'm not part of the debate if she or not deserve prison just an info for this part.)
If the staff finds you to be fit for release you can be released after a relatively short judicial hearing where the medical professionals and the judge can come to an agreement on whether you're fit for release.
There's even conditional releases and absolute releases, basically the equivalent of releasing a regular prisoner into a halfway house
Well if John Hinckley JR. Could get out in 35 years after popping Raegan because he was in love with Jody Foster. Which you'd think would be pretty much a done deal. Then I think anyone has a chance to not be stuck in there forever. Especislly a woman with a bunch of people rallying behind her.
Meanwhile people like Karmelo Anthony get 35 years for stabbing someone once after they came up and fucked with him.
So you never know how it is going to go. But I think she will have some lady therapists that will have a soft spot for her case and do what they can to get her "justice".
Bait for what? Saying it's doubtful she is in there for the rest of her life like some imply? Shes a white woman with a following and she is scary looking but not hideous. She going to get a light sentence in the grand scheme of things. She already got the Netflix documentaries lining up.
Wasnt it allegedly post partum psychosis that caused her to kill her children? Since she’s no longer post partum and completely clear in the head now, what would be the point of sending her to a mental institution if she was found not guilty.
Oh and would we have to ban her from ever having children again? Since you know.. shes a risk of killing her children every time she has them since she has a history of post partum psychosis..
She killed three people. She doesn’t get to live among us. She doesn’t get to move in next door. The question is where we lock her up. She doesn’t get to walk
Just want to point out that in modern western countries (that don’t have a prison industry) even murders can get second chances after 15-25 years served.
Psychosis doesn't just "go away." It's often episodic if not treated. Whether she goes to prison or a mental institution, she's gonna need psychological help.
We don't ban people from having kids and putting them up for adoption over and over and over again. Breed and abandon them to shelters as soon as they are born every year
What's the issue here then.. a mental institution isn't less worse than a prison no.. once she enters she's highly unlikely to get out anymore than she would be able to get parole or have I missed something here, with her case and state, she's gonna be taken the whole nine yards, when she enters, she's more likely to deteriorate in her condition, so she's done either way surely?
The murder seems pretty methodical and planned. There is some damning Google search’s, and she took a call in the middle of the murders from her husband. So it’s not cut and dry an episode of psychosis. And some people believe she belongs in prison instead.
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u/A_Town_Called_Malus 3h ago edited 3h ago
She is looking for a verdict of not guilty for reasons of insanity. She is going to be in a mental institution until she no longer poses a threat to herself or others, even if she does succeed in that defence.