Insanity Defense

To be a criminal offense, an act must not only be illegal

but also must be accompanied by the

necessary guilty

mind. – Mens Rea.

Insanity defense is an

affirmative defense

-the act was committed but the defendant can prove facts that

justify or excuse the act.

affirmative defense

you committed the act, but you are not criminally responsible

for the act.

competence

refers to the defendant’s mental abilities at

the time of the proceeding

Insanity

relates to the defendant’s mental state at the time the offense was

committed.

Dusky v. United States (1960).

“rational as well as factual understanding of the

proceedings against him”

 This is known as the Dusky Standard

two common competencies tested. Dusky standard typically used for both competencies.

Competence to stand trial (CST) and competence to

plead guilty

CST also known as

adjudicative competence

-It means that a defendant must be mentally capable of participating in the legal process before they can be tried in court.

Charles v. Sell (2003).

Court ordered medication to restore competency—Necessary to further government’s trial related interests.

Diminished Capacity

applies if the defendant lacks the ability to meaningfully

premeditate the crime

What can Reduce a charge from murder to manslaughter?

Diminished Capacity

Nearly 80% of all diminished capacity defenses involve

Substance abuse

NGRI

Not guilty by reason of insanity

McNaughton:

Cognitive test of insanity

-as not to know the nature

and quality of the act he

was doing, or, if he did

know it, that he did not

know what he was doing

was wrong.”

-Half of all states follow this definition.

ALI-Model Penal Code.

(he lacks) substantial

capacity either to

appreciate the criminality

or wrongfulness of his

conduct or to conform his

conduct to the

requirements of the law”

 All federal courts and half

of states

 Volitional prong removed

in 1984

Some states adopt GBMI

(guilty but mentally ill) option

as well. These individuals are sent to prison.

Typical characteristics of those found NGRI

 67% are schizophrenic

 Long history of psychiatric hospitalizations

 Previously found incompetent to stand trial (IST)

What is NGRI

Not Guilty by Reason of Insanity

The Insanity Defense Reform Act was enacted by

congress in

1984

68% of psychologists and psychiatrists use a number of

instruments in CR evals

MMPI and WAIS

Two common forensic instruments:

1. Hare’s Psychopathy Checklist (PCL)

2. Roger’s Criminal Responsibility Assessment Scale (R-CRAS)

Golding (1995) suggests jurors carry

implicit theories

about insanity – use that instead of standard.

Jurors use a

prototype-matching judgment strategy regarding

insanity