Feigned insanity in nineteenth‐century America: Tactics, trials, and truth

Abstract

Feigned insanity in nineteenth-century America is appraised through a review of the medical and legal literature. The authors focus on the explanations for feigning, procedures used in uncovering feigning, and the role of feigning in the courtroom. This discussion of feigned insanity demonstrates the remarkable consistency of approach to this form of malingering over the past 200 years

The use of indirect memory tests to assess malingered amnesia: A study of metamemory.

“…Over the last two decades, there has been growing use of so-called “expert witnesses” by the judicial system to assist judges and juries in making decisions about the disposition of cases. Although expert psychologists and psychiatrists have been assisting the courts for some time in the determination of insanity pleas (Geller, Erlen, Kaye, & Fisher, 1990), expert psychologists have also been called on more recently to testify about other aspects of cognitive functioning that may affect the outcome of a case. One of the more widely cited issues relates to the many factors affecting the accuracy of eyewitness testimony (cf.…”

Determinations of Malingering: Evolution from Case-Based Methods to Detection Strategies

“…For case studies, Geller, Erlen, Kaye, and Fisher (1990) provide a comprehensive review of detection methods used in the 19th century. As summarized in their review, various authors have suggested a range of indicators of feigned ''lunacy'', including (a) interview behaviour (e.g., the ability to maintain eye contact and hesitations in responding), (b) feigned presentation (e.g., increased symptoms when observed, overacts the role, and never conceals symptoms), (c) areas of intact functioning (e.g., no observed sleep disturbance, normal appetite, normal facial expressions, and close feelings towards some family and friends), and (d) atypical symptoms (e.g., rapid onset, absurd thoughts, and no fluctuation of symptoms).…”

Malingering as a Dichotomous Variable: Case Report on an Insanity Defendant

“…Although malingering in the context of insanity cases is not new -indeed, criminal defendants' methods of feigning insanity have remained quite consistent over the past 200 years (Geller, Erlen, Kaye, & Fisher, 1990) -a new development is the use of structured instruments to assess the construct. Up until the 1980s, forensic examiners relied upon relatively insensitive tests and idiosyncratic clinical methods to determine if a defendant was feigning symptoms of psychiatric or cognitive disorder to avoid penal consequences (Melton, Petrila, Poythress, & Slobogin, 2007).…”