State Ex Rel. Kovach v. Schubert

In this state, by statute, when a defendant in a criminal case is found not guilty by reason of insanity at the time of an offense, he is committed to a state treatment facility until “. . . he may safely be discharged or released without danger to himself or others. ...” 1 The claim here is that this statute violates both equal protection of the law and due process of law. Analysis of such challenge requires initial analysis of the purpose of such insanity acquittal commitment.

Purpose of commitment. What public purpose is served by such commitment of a defendant found not guilty by reason of…