Alaska has both an NGI verdict, which negates culpability, and an alternate GBMI verdict, after which the defendant will be exposed to the same potential punishment as a sane offender.
In Alaska, the GBMI verdict has a different, and more broadly applicable, standard for determining mental illness at the time of the offense than NGI's M'Naghten standard.
(21) To prevent jurisdictions that may adopt this standard from exonerating those persons with nondelusional mental disorders--such as psychopathy or personality disorders, which are not chemically-treatable mental illnesses but involve diminished empathy, remorse, and self-control--the ALI added a definitional, exclusive, second paragraph to the test, which reads: "As used in this Article, the terms 'mental disease or defect' do not include an abnormality manifested only by repeated criminal or otherwise anti-social conduct." (22) Alaska includes this language in its GBMI statute, (23) but one can also find this language in section 12.47.010(c) of the Alaska Statutes.
Several other states, faced with similar high-profile crimes committed by released insanity acquittees, also adopted the GBMI verdict.
Modifications include adoption of the guilty but mentally ill (GBMI) verdict and complete abolishment of the insanity defense.
In response to highly publicized violent acts of recidivism committed by insanity acquittees, (100) several states adopted the GBMI verdict as an alternative to a finding of legal insanity.
At the harshest end of their verdicts, 40% of the verdicts overall were for first-degree murder, with another 24% for second-degree murder, whereas at the most lenient end, there were only 0.4% for NGRI, and 14% for GBMI
(Guilty But Mentally Ill).
Three identical GBMI
bills were introduced, House Bills 88, 670, and 757.
GBMI convict is hospitalized and successfully treated, he is then
In short, GBMI is a politically expedient "third-way"
(20) In these six cases, two were dismissed, three were resolved by GBMI pleas and one was resolved by a trial finding of NGRI.
(29) In the present study, for example, the outcomes in the "pre-empted" cases were as follows: dismissal of case (n = 6); NGRI plea (n = 10); G or GBMI plea (n = 2); NGRI at trial (n = 18); and G at trial (n = 2).