Most here have said no insanity plea, JB stated he would not use a mental health defense so is this a moog point until defense might change their mind?
Your post helps us refocus by referring to the original intent of this thread. If one lawyer proposes NG by Reason of Insanity as a Defense, does that imply that this defendant committed the crime?
And, if the "lawyer in chief"[my term] refuses said defense strategy, is the question of sanity vs. insanity, with implicit disposition, a moot point--unless and until another attorney launches the NGBRofI defense?
Incidentally, let's move past the erroneous assumption that a defendant who is determined insane/NGBRofI is automatically placed in a State hospital. The Florida Supreme Court in their 9-28-06 Jury Instructions stipulate to the Jury:
"If your verdict is that the defendant is not guilty by reason of insanity because insane, that does not necessarily mean [he] [she] will be released
from custody. I must conduct further proceedings to determine if the defendant should be committed to a mental hospital, or given other outpatient treatment."