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Abstract: 

In U.S. v. McIntosh, 900 F.3d 1301 (11th Cir. 2018), the defendant was charged with a number of federal felonies including threatening the U.S. President. Defendant entered a plea of NGRI, and the trial judge found McIntosh NGRI. The trial judge ordered the defendant civilly committed to a federal BOP mental health facility. In the case under discussion, the defendant argues that he does not suffer from a mental disease or defect, as required to civilly commit, but rather has been diagnosed as suffering from a severe personality disorder. A panel that examined defendant post-NGRI verdict found him to be a substantial risk to public safety and the 11th Circuit upheld a lower court’s ruling that a personality disorder can be a mental disease or defect at least from the perspective of defendant’s suitability for release.

Keywords: U.S. v. McIntosh, 900 F.3d 1301 (11th Cir. 2018)

Affiliations:  1: Executive Editor.