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The Constitutionality Of Michigan's Guilty But Mentally Ill Verdict, John M. Grostic
The Constitutionality Of Michigan's Guilty But Mentally Ill Verdict, John M. Grostic
University of Michigan Journal of Law Reform
This article will assess the constitutionality of the statute providing for a GBMI verdict by examining the likely, impact of this statute on the constitutional rights of legally insane defendants. Part I will briefly outline the relevant provisions of the GBMI statute. Part II will consider whether legally insane defendants have a constitutional right to an insanity defense. Part III will then argue that some defendants, though legally insane at the time they committed allegedly criminal acts, will nevertheless be found GBMI rather than NGRI.
Sunset Legislation: Spotlighting Bureaucracy, John M. Quitmeyer
Sunset Legislation: Spotlighting Bureaucracy, John M. Quitmeyer
University of Michigan Journal of Law Reform
This note suggests that sunset legislation is an appropriate response to these concerns. Section I describes the deficiencies of current methods by which the legislature reviews activities of the executive branch. Section II examines the provisions of sunset legislation, emphasizing the role of evaluation criteria, and suggests that elaborate quantitative techniques are not crucial for adequate evaluation. Evaluation criteria currently incorporated in various sunset statutes can best be classified according to those which apply to entity functioning and those which evaluate an entity's purpose. These criteria are treated in sections III and IV respectively.