Jones v. United States

FERREN, Associate Judge,

with whom NEWMAN, Chief Judge, and MACK, Associate Judge, join, dissenting:

I continue to subscribe to our division opinion on rehearing, 411 A.2d 624 (1980), vacating 396 A.2d 183 (1978).

I

Under the civil commitment process, D.C. Code 1973, §§ 21-541 to -545, the government has the burden of proving a person is mentally ill and dangerous to self or others — and proving it to a jury if the potential committee so demands. Id. § 21-544. In contrast, under the “insane criminal” commitment process, D.C.Code 1973, §§ 24-301 to -303, a defendant acquitted by reason of insanity…