Does a trial judge make a grievous error of instructing the jury that a defendant charged with murder would be released from prison if found not guilty by reason of reason of insanity?
MultiRegion, United States of America
The following excerpt is from U.S. v. Greiser, 502 F.2d 1295 (9th Cir. 1974):
United States v. McCracken, 488 F.2d 406 (CA5 1974), cited by appellant, is no more in point. There, the trial judge committed the grievous error of telling the jury that a defendant charged with murder would be released if found not guilty by reason of insanity. Here, to the contrary, the judge removed from the consideration of the jury the consequences of its verdict. Any possible error was remedied by the court's instructions.
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