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Characteristics of Successful and Unsuccessful Insanity Pleas

NCJ Number
117126
Journal
Law and Human Behavior Volume: 13 Issue: 1 Dated: (1989) Pages: 31-39
Author(s)
C E Boehnert
Date Published
1989
Length
9 pages
Annotation
This article discusses a study comparing men acquitted by reason of insanity and those who unsuccessfully raised the insanity defense.
Abstract
This study was conducted in Florida between 1974 and 1978. Subjects consisted of 60 men charged with violent crime, thirty found not guilty by reason of insanity (NGRI), and 30 who unsuccessfully raised the insanity defense. Demographic, legal process, and psychological variables were compared. Demographic and personality variables were of less significance in defining differences between groups, but were useful in describing characteristics of men in both groups. Legal process variables were most significant in differentiating NGRI subjects from those who attempted the defense but were found guilty. Eighty percent of successful acquittees previously had been found incompetent to stand trial, compared to only 33 percent of those found guilty and sentenced to prison. Ninety-six percent of NGRI acquittees opted for trial before a judge rather than a jury; 76 percent of cases raising an unsuccessful defense were heard in front of a jury. Unsuccessful attemptees also had significantly higher IQ scores and personality profiles characterized by acting-out potential and intact reality testing compared to profiles of NGRIs. The ability of the legal system to identify those meeting criteria for the insanity defense is discussed. 16 references. (Author abstract modified)

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