Detention Patterns of Successful and Unsuccessful Insanity Defendants

Abstract

ABSTRACT* * * This study examines the detention patterns of the insanity defendant who is successful with the plea and hospitalized, or unsuccessful and incarcerated. Further comparisons are made with felony defendants who never entered a plea of not guilty by reason of insanity (NGRI). From existing data it is unclear to what extent detention may vary if the plea is successful as compared to if it is not successful. Of all defendants who entered a plea of NGRI in Erie County, New York (Buffalo) between 1970 and 1980, 128 were institutionalized as a result of their disposition. Sociodemographic, institutionalization histories, arrest, and disposition information were collected and analyzed for all 128 individuals. The research evaluates differences in the likelihood and length of either institutionalization or incarceration and in the rates of release between successful NGRI defendants, those who entered the plea unsuccessfully, and those who did not plead NGRI. From the findings reported here the authors conclude that pleading NGRI in Eric County may not be quite as advantageous for a defendant as commonly is believed.

The National Trajectory Project of Individuals Found Not Criminally Responsible on Account of Mental Disorder in Canada

“…Several studies have found that the nature of the index offense is correlated with the duration of detention for individuals found NCRMD (Braff, Arvanites, & Steadman, 1983;Harris, Rice, & Cormier, 1991;Silver, 1995). Research with both inmates and forensic patients has also consistently demonstrated that the number of previous convictions is positively correlated with recidivism (Quinsey, Harris, Rice, & Cormier, 1998), resulting in criminal history and prior violence being common variables in established violence risk assessment measures (e.g., HCR-20, Webster, Douglas, Eaves, & Hart, 1997).…”

Dynamic and Static Factors Associated with Discharge Dispositions: The National Trajectory Project of Individuals Found Not Criminally Responsible on Account of Mental Disorder (NCRMD) in Canada

“…Several studies have found that the nature of the index offense is correlated with the duration of detention for individuals found NCRMD (Braff, Arvanites, & Steadman, ; Harris, Rice, & Cormier, ; Silver, ). Research with both inmates and forensic patients has also consistently demonstrated that the number of previous convictions is positively correlated with recidivism (Quinsey, Harris, Rice, & Cormier, ), resulting in criminal history and prior violence being common variables in established violence risk assessment measures (e.g., HCR‐20, Webster, Douglas, Eaves, & Hart, ).…”

Measuring knowledge of the insanity defense: Scale construction and validation

“…If the arguments regarding insanity are not persuasive, then raising the defense could make a guilty verdict more likely. Braff, Arvanites, and Steadman (1983) conducted a study on all defendants who entered a plea of NGRI in an upstate New York county over a 10‐year period to determine if there were discrepancies in the detention patterns between successful and unsuccessful insanity defendants. The study sample included 202 insanity defendants, of whom 25.2% were found NGRI, 65.8% pled guilty or were convicted, 1% were acquitted, and 7.9% had their charges dropped.…”

“…The study sample included 202 insanity defendants, of whom 25.2% were found NGRI, 65.8% pled guilty or were convicted, 1% were acquitted, and 7.9% had their charges dropped. In addition, they compared the length of imprisonment between unsuccessful insanity defendants and defendants who never raised the plea, and found that unsuccessful NGRI defendants were incarcerated 22% longer than those who did not raise the plea (Braff et al, 1983). This finding demonstrates that defendants who plead insanity may be punished for raising the defense by receiving longer sentences.…”