Legal Definitions - GBMI

GBMI stands for Guilty But Mentally Ill.

This is a verdict in a criminal case where a jury or judge finds that the defendant committed the crime, but also determines that the defendant was suffering from a significant mental illness at the time the crime was committed. Unlike a verdict of 'not guilty by reason of insanity,' a GBMI verdict still results in a criminal conviction and a sentence. However, it typically mandates that the defendant receive mental health treatment while incarcerated or as part of their probation, aiming to address their mental health needs alongside their punishment.

• Imagine a scenario where a person, Mr. Henderson, is charged with assault after physically attacking a neighbor. During the trial, expert psychiatric testimony reveals that Mr. Henderson was experiencing severe paranoid delusions at the time of the incident, genuinely believing his neighbor was part of a conspiracy to harm him. While the court finds that Mr. Henderson did commit the assault, it also acknowledges his profound mental illness.

  This would be a Guilty But Mentally Ill verdict because Mr. Henderson is found responsible for the assault (guilty), but his actions were significantly influenced by his severe mental health condition (mentally ill), requiring a sentence that includes mandated psychiatric treatment.

• Consider Ms. Davies, who is arrested for repeated shoplifting. Her defense attorney presents evidence that Ms. Davies suffers from severe depression and kleptomania, an impulse control disorder, which compelled her to steal items she didn't need. The prosecution successfully argues that despite her mental health struggles, Ms. Davies understood that shoplifting was illegal.

  In this case, a Guilty But Mentally Ill verdict would be appropriate. Ms. Davies is found to have committed the thefts (guilty), but her underlying mental illnesses significantly contributed to her behavior, leading to a sentence that would likely include therapy and medication management alongside any other penalties.

• Take the example of Mr. Chen, who is convicted of arson after setting fire to an abandoned building. During his trial, it's revealed that Mr. Chen has a long history of schizophrenia, and at the time of the incident, he was experiencing command hallucinations telling him to "cleanse" the building. While he understood the physical act of setting the fire, his judgment was severely impaired by his illness.

  A Guilty But Mentally Ill verdict would apply here because Mr. Chen is held responsible for the act of arson (guilty), but the court recognizes that his severe mental illness played a direct and significant role in his decision-making, necessitating a sentence that prioritizes mental health intervention within the correctional system.