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Thomas, J., dissenting
mentally ill. Second, the theory is not supported by Vitek. Stigmatization (our concern in Vitek) is simply not a relevant consideration where insanity acquittees are involved. As we explained in Jones: "A criminal defendant who successfully raises the insanity defense necessarily is stigmatized by the verdict itself, and thus the commitment causes little additional harm in this respect." 463 U. S., at 367, n. 16; see also Warren v. Harvey, 632 F. 2d, at 931-932. (This is in sharp contrast to situations involving civil committees. See Addington, 441 U. S., at 425-426; Vitek, supra, at 492-494.) It is implausible, in my view, that a person who chooses to plead not guilty by reason of insanity and then spends several years in a mental institution becomes unconstitutionally stigmatized by continued confinement in the institution after "regaining" sanity.
In my view, there was no procedural due process violation in this case. Articles 654, 655, and 657 of the Louisiana Code of Criminal Procedure, as noted above, afford insanity acquittees the opportunity to obtain release by demonstrating at regular intervals that they no longer pose a threat to society. These provisions also afford judicial review of such determinations. Pursuant to these procedures, and based upon testimony of experts, the Louisiana courts determined not to release Foucha at this time because the evidence did not show that he ceased to be dangerous. Throughout these proceedings, Foucha was represented by state-appointed counsel. I see no plausible argument that these procedures denied Foucha a fair hearing on the issue involved or that Foucha needed additional procedural protections.10 See
Mathews v. Eldridge, 424 U. S. 319 (1976); Patterson v. New York, 432 U. S. 197 (1977); cf. Addington, supra, at 427-432;
10 Foucha has not argued that the State's procedures, as applied, are a sham. This would be a different case if Foucha had established that the statutory mechanisms for release were nothing more than window dressing, and that the State in fact confined insanity acquittees indefinitely without meaningful opportunity for review and release.
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