Can a trial judge find a def guilty but mentally ill during a bench trial?

Question

If a defendant is found mentally competent to stand trial, can the judge, during a bench trial, find the defendant guilty but mentally ill when the defendant has entered a plea of not guilty

Answer 1

If that is a verdict allowable in the jurisdiction (it is NOT available in all, btw) then, certainly a judge can make that verdict in a bench trial. BTW, the only reason there would be a bench trial in the first place would be because the defendant entered a plea of not guilty.

Answer 2

The judge can do any thing , but the defendant has the right to appeal and under the 4th amendment everyone has the right to trial by impartial jury and in a certain amount of time--which is up to the courts also so their definition of speedy may not be the same as ours.

Answer 3

Certainly...But he would have to base his decision on the testimony and evidence that was presented to him by both sides....