Treatment, not punishment, for Odgren

Instead, following a mandated 40 day evaluation, Odgren would undoubtedly be committed to a psychiatric facility for treatment, not to be released until he is deemed no longer dangerous to himself or others. Given the severity of his psychological impairment, this would likely take a significantly long time. Research shows, in fact, that insanity verdicts typically result in protracted stays of hospitalization, very often longer than what the term of incarceration would be if convicted of the crime.

During its deliberation, the jury will have several options for a unanimous verdict if unconvinced of the insanity defense--murder in th efirst and second degree, besides, of course, acquittal. First degree murder, the formal charge of the indictment, seems unreasonable, given how Odgren’s distorted thinking would have reduced his ability to premeditate in a clear-headed way. A more likely second-degree murder verdict would result in a life sentence with parole eligibility after 15 years and at such time as he was no longer considered a danger.

Whether convicted of the crime or excused from criminal responsibility based on his mental illness, Odgren will remain lock-up for a many years--likely decades. It would seem best for all concerned that he spend the time in a place where he can best receive treatment. That, of course, would be a hospital, not a prison.