Cite as: 504 U. S. 71 (1992)
Thomas, J., dissenting
I
The Court errs, in large part, because it fails to examine in detail the challenged statutory scheme and its application in this case. Under Louisiana law, a verdict of "not guilty by reason of insanity" differs significantly from a verdict of "not guilty." A simple verdict of not guilty following a trial means that the State has failed to prove all of the elements of the charged crime beyond a reasonable doubt. See, e. g., State v. Messiah, 538 So. 2d 175, 180 (La. 1988) (citing In re Winship, 397 U. S. 358 (1970)); cf. La. Code Crim. Proc. Ann., Art. 804(A)(1) (West 1969). A verdict of not guilty by reason of insanity, in contrast, means that the defendant committed the crime, but established that he was "incapable of distinguishing between right and wrong" with respect to his criminal conduct. La. Rev. Stat. Ann. § 14:14 (West 1986). Insanity, in other words, is an affirmative defense that does not negate the State's proof, but merely "exempt[s the defendant] from criminal responsibility." Ibid. As the Louisiana Supreme Court has summarized: "The State's traditional burden of proof is to establish beyond a reasonable doubt all necessary elements of the offense. Once this rigorous burden of proof has been met, it having been shown that defendant has committed a crime, the defendant . . . bear[s] the burden of establishing his defense of insanity in order to escape punishment." State v. Marmillion, 339 So. 2d 788, 796 (1976) (emphasis added). See also State v. Surrency, 88 So. 240, 244 (La. 1921).
Louisiana law provides a procedure for a judge to render a verdict of not guilty by reason of insanity upon a plea without a trial. See La. Code Crim. Proc. Ann., Art. 558.1 (West Supp. 1991). The trial court apparently relied on this procedure when it committed Foucha. See 563 So. 2d 1138, 1139,
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