Is a person acquitted of a crime by reason of reason of insanity entitled to a jury trial on the issue of whether his own protection or that of society requires his continued detention?
"New York", United States of America
The following excerpt is from People v. Fuller, 24 N.Y.2d 292, 248 N.E.2d 17, 300 N.Y.S.2d 102 (N.Y. 1969):
Following Baxstrom, we held that a person acquitted of a crime by reason of insanity is entitled to a jury trial on the issue of whether his own protection or that of society requires his continued detention (People v. Lally, 19 N.Y.2d 27, 277 N.Y.S.2d 654, 224 N.E.2d 87). Thus, the fact that there is or is not an underlying conviction is wholly immaterial to the issue to be decided.
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