[2] On September 19, 1975, Michael Jones was charged with petit larceny, a misdemeanor, for attempting to steal a jacket from a Washington, D.C. department store.

Upon arraignment in the District of Columbia Superior Court, the judge ordered a competency evaluation at St. Elizabeth's Hospital.

Justice Powell, writing for the court, said that Jones' verdict established that he committed the crime and that he did so because he was mentally ill by a preponderance of evidence.

"Congress has determined that a criminal defendant found not guilty by reason of insanity in the District of Columbia should be committed indefinitely to a mental institution for treatment and the protection of society.

Writing for the majority, Powell argued that different considerations go into the choosing of a sentence than those underlying a commitment of an insanity acquittee.

Addington v. Texas (1979) held that the government, in a civil commitment proceeding, must demonstrate by clear and convincing evidence that the individual is mentally ill and dangerous.