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Fifth Amendment Safeguards in NGRI Adjudications

  • Writer: Evan Mashigian
    Evan Mashigian
  • Jan 15, 2025
  • 1 min read

The McElrath v. Georgia case underscores the significance of comprehending the legal ramifications of neuroscience research on emerging adults and its impact on legal issues, including sentencing.


The case highlights that a verdict of not guilty by reason of insanity is considered an acquittal, providing protection under the Double Jeopardy Clause of the Fifth Amendment.

This implies that individuals with mental illnesses who are found not guilty by reason of insanity cannot be tried again for the same crime.


The decision offers safeguards against retrial and clarifies that a verdict of not guilty by reason of insanity is conclusive, even amidst inconsistent verdicts.

This principle remains firm, regardless of the type of acquittal, the jury's reasoning, or any contradictory verdicts.


The case also highlights the importance of forensic evaluators recognizing that mental states can change over time, while emphasizing to the jury that only one mental state can exist at the moment a criminal act is performed.


 
 
 

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Evan Mashigian, D.O. Forensic Psychiatrist

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