The insanity plea is the last refuge of a murderer who is so clearly proven guilty that there is nothing left to argue. Defense counsel typically tells the jury that incapacitation is not an issue in the case, because the defendant will be locked up for the rest of his life regardless of whether the verdict is guilty or NGI.

Not quite. Nicholas Geranios reports for AP:

A criminally insane killer from eastern Washington is on the run after escaping during a field trip to the county fair that his mental hospital organized.

Why such a dangerous person was out in public was a question many, including Washington Gov. Chris Gregoire, were asking as authorities searched for Phillip Arnold Paul.

Authorities at Eastern State Hospital, where Paul is a patient, are being criticized for allowing him to visit the fair despite his violent criminal past and a history of trying to escape.

Is there a difference between being in the mental wing of the state prison versus the dangerous wing of the state mental hospital? Well, there may be a cultural difference in the staff. The department of "corrections," despite the name, is more likely to see incapacitation for the protection of the public as its main job.