The guilty but mentally III verdict: A review and conceptual analysis of intent and impact

The purpose of this article is to review the law and literature involving t he guilty but mentally ill (GBMI) verdict to provide a clear conceptual exa mination of the actual intent and impact of the verdict. Such an examinatio n may help to clarify continuing debates and confusion about the nature of GBMI and its success in addressing perceived problems with insanity acquitt als. This review suggests that the actual intentions of the GBMI verdict ar e associated with minimal and largely unsuccessful results. In addition, th e typical absence of treatment for defendants found GBMI appears unsurprisi ng given that the provision of treatment for mentally ill offenders is not a legal intention of the GBMI verdict. Finally, the introduction of the GBM I verdict has had unintended negative consequences that include increased c onfusion among jurors and the legal profession and possible increased occur rence of inappropriate verdicts. In conclusion, significant problems can be noted with regard to both the intent and impact of the GBMI verdict.