Georgia Georgia


 

 


Competency/Insanity 

Competency

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Insanity

A person may not be found guilty of a crime if, at the time of the act, omission, or negligence constituting the crime, the person did not have mental capacity to distinguish between right and wrong in relation to such act, omission, or negligence. Ga. Code § 16-3-2.

Guilty but insane plea and related pleas; procedure - A person may not be found guilty of a crime when, at the time of the act, omission, or negligence constituting the crime, the person, because of mental disease, injury, or congenital deficiency, acted as he did because of a delusional compulsion as to such act which overmastered his will to resist committing the crime. Ga. Code § 16-3-3.

Guilty but mentally retarded plea (the finding of mental retardation shall be made only in felony cases) - "Mentally retarded" means having significantly sub average general intellectual functioning resulting in or associated with impairments in adaptive behavior which manifested during the developmental period. The defendant may be found "guilty but mentally retarded" if the jury, or court acting as trier of facts, finds beyond a reasonable doubt that the defendant is guilty of the crime charged and is mentally retarded. If the court or jury should make such finding, it shall so specify in its verdict.  Ga. Code § 17-7-131 

Special Rules

Mental Health Court: Georgia’s mental health court accepts individuals with I/DD if they meet the other requirements of the program.  Ga. Code § 15-1-16

Sentencing

Death Penalty 

In the trial of any case in which the death penalty is sought, should the judge find in accepting a plea of guilty but mentally retarded or the jury or court find in its verdict that the defendant is guilty of the crime charged but mentally retarded, the death penalty shall not be imposed and the court shall sentence the defendant to imprisonment for life.  Ga. Code § 17-7-131.

Post-Conviction 

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