A retired Massachusetts judge has explained the potential consequences if Lindsay Clancy is found not criminally responsible for the deaths of her three children.
According to Carol Erskine, a retired judge and child welfare advocate, if Clancy is deemed not criminally responsible, she could be civilly committed to a mental institution. However, her hospitalization would not be a "life sentence in a public mental hospital," as some may assume. Instead, she could remain hospitalized for many years, or even indefinitely, as long as the legal criteria for civil commitment continue to be met.
The process would begin with an order from the trial judge, which would lead to a 40-day evaluation in a locked unit. After that, there would be an evaluation and hearing to determine whether Clancy should be committed for further treatment. If the recommendation is for civil commitment due to a likelihood of serious harm, she would be committed for a period of six months, also in a locked unit.
Clancy would then be up for review every year to determine if there is still a likelihood of serious harm and if she should remain committed to a mental institution. The facility's superintendent could recommend discharge, and if there is a petition to discharge, the district attorney's office and Clancy's defense attorney would be heard in court.
The outcome of Clancy's case is uncertain, as jurors began deliberating on Thursday. She is charged with three counts of murder in the deaths of her children, Cora, 5, Dawson, 3, and Callan, who was 8 months old.
NTC Report coverage is based on reporting from the original publisher.
View original reporting →
