[Page 1583]Guilty but mentally ill (GBMI) is an alternative verdict for fact finders (i.e., judges and juries) to use when determining a defendant’s guilt in insanity cases. When a defendant presents an insanity defense, in specified jurisdictions, the fact finder may choose to find the defendant GBMI instead of not guilty by reason of insanity (NGRI). The GBMI verdict is available only in a limited number of jurisdictions.

The GBMI verdict acknowledges that the defendant had a mental health disorder at the time of the offense but that the mental health disorder did not rise to the level of an NGRI judgment. By finding a defendant GBMI, the fact finder is concluding that the defendant is guilty of the crime for which he or she is ...