This is what I am not sure of? I don't think the juror's will know either. Because of this I am changing my vote to guilty of 1st degree murder. JS needs constant medical care and treatment. jmo
I had looked this up and post a few threads ago. I'll copy and past what i found and posted on the thread:
"From what I understand regarding Florida Law, if she is found 'Not Guilty by reason of Insanity' she would not necessarily be discharged and "go free". A hearing would be held to determine if she would be institutionalized, or receive out-patient care and be assigned a social worker, or if she would not receive any care at all.
This is based on Florida Statute 916.15 - Involuntary commitment of defendant adjudicated not guilty by reason of insanity.
The Full Statute can be found here:
http://www.flsenate.gov/laws/statutes/2011/916.15
This statute states that: "A defendant who is acquitted of criminal charges because of a finding of not guilty by reason of insanity may be involuntarily committed pursuant to such finding if the defendant has a mental illness and, because of the illness, is manifestly dangerous to himself or herself or others."
and
"In all proceedings under this section, both the defendant and the state shall have the right to a hearing before the committing court."
As well as Rule: 3.217. Judgment of Not Guilty by Reason of Insanity
which states: "... if the court then determines that the defendant presently meets the criteria set forth by law, the court shall commit the defendant to the Department of Children and Family Services or shall order outpatient treatment at any other appropriate facility or service, or shall discharge the defendant. Any order committing the defendant or requiring outpatient treatment or other outpatient service ...""
What I was not able to find is if the hearing would be just before the judge, or if it would be in front of a jury.
This is something that I believe defense should have went over. I know I would really help in making the final decision for the verdict.