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Home / Opinion Digests / Criminal Law / Annual insanity review statute constitutional (access required)

Annual insanity review statute constitutional (access required)

The statute providing for annual review of a defendant’s involuntary confinement after being found not guilty by reason of insanity satisfies due process under Foucha v. Louisiana, 504 U.S. 71 (1992). The statute requires both a showing of mental illness and a showing of future dangerousness before a court can order a defendant’s continued confinement. The ...