Explain the sentencing procedure for defendants claiming mental illness. Offenders with mental illness present a special challenge for the criminal justice system. During a trial, mental health...

Explain the sentencing procedure for defendants claiming mental illness.

Offenders with mental illness present a special challenge for the criminal justice system. During a trial, mental health professionals are called as expert witnesses to give their opinion as to the defendant’s state of mind at the time of the crime. Hence, a defendant might plead not guilty by reason of insanity. If a defendant is found not guilty by reason of insanity, he or she will not be criminally sanctioned, but placed in a mental institution. Should a jury find the defendant sane, he or she is convicted of a criminal charge. If an offender is found mentally unfit for incarceration in a state or federal prison system, he or she will be placed in a mental health facility to undergo psychiatric treatment.

1. Explain how the insanity defense acts as an affirmative defense?

2. Describe the factors involved in using an insanity plea?

3. What happens in sentencing when a defendant is not successful in his or her insanity defense?