What is the current state of the law on mandatory commitment of a person acquitted by reason of insanity?

MultiRegion, United States of America

The following excerpt is from Wade v. United States, 426 F.2d 64 (9th Cir. 1970):

12 As stated by Mr. Justice Clark in his dissent in Lynch v. Overholser, 369 U.S. 705, 725-727, 82 S.Ct. 1063, 1075, 8 L.Ed. 2d 211:

"At the present time May, 1962 statutes provide for mandatory commitment of persons acquitted by reason of insanity in 12 States and the Virgin Islands as well as in England and the District of Columbia. Six States permit commitment if the trial judge. Eighteen more provide for mandatory or discretionary commitment if the trial judge finds that the defendant's insanity continues or that his discharge would be dangerous to the public peace. In 10 States and in Puerto Rico, mandatory commitment follows a like finding by the trial jury or by a second jury. In three States standards for civil commitment must be met."

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