‘Not guilty by insanity’ is a criminal justice scam

Published August 18, 2026 2:35pm ET | Updated August 18, 2026 2:35pm ET



The insanity defense is a criminal justice scam that sets violent, unstable criminals free to further victimize the public while allowing them to avoid justice.

Virginia allowed a murderer to flee the country over the weekend. That murderer is Abdulloi Toshpulodzoda, who killed his landlord in 2019 and was later found not guilty by reason of insanity, meaning that he could not differentiate right from wrong when he committed the murder. Toshpulodzoda was committed to the Northern Virginia Mental Health Institute in 2022, but Virginia allows committed individuals day or weekend passes, supposedly under escort.

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So, in 2024, Toshpulodzoda was allowed to go to Washington, D.C., to acquire a passport. Then, while out on a weekend pass this past July, he went to Dulles Airport and flew to Istanbul with a one-way ticket, en route to Tajikistan.

There is a litany of problems here, including how an escort (if there was one) allowed Toshpulodzoda to go to the airport and flee the country, and why he was ever allowed to get a passport while committed in the first place. But the biggest issue is this: Toshpulodzoda killed someone in 2019. He was deemed so insane that he did not know that killing people was wrong. So why is he allowed to get a “day pass” or “weekend pass” at all, walking free among the public while being capable of snapping and murdering someone with no apparent self-control?

“Not guilty by insanity” is, for all intents and purposes, a legal loophole to avoid any real accountability for murder.

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Someone like Ronald Exantus can invade a home in Kentucky, brutally stab a sleeping 6-year-old child to death, and have to be incarcerated for just seven years before being let loose on the public because he is deemed insane. What’s more, the logic behind the soft treatment of the criminally insane is completely backward: Someone who is so mentally ill that they can commit murder without understanding the consequences of their actions is more dangerous to the public.

Toshpulodzoda managed to use this to literally escape justice, but criminals such as Exantus effectively do the same thing by receiving just seven years of incarceration before being allowed to walk free. You can take your pick about whether the sentence is served in a prison cell or a padded room, but someone who commits murder and is deemed insane should never be allowed to breathe free air again because, one way or another, they are too dangerous to walk free among the public.