The defense of extreme emotional disturbance in New York County: pleas and outcomes

Abstract

A number of studies have investigated the use of the insanity defense; however, there are few reports on the use of other types of psychiatric defenses. This study explored the use of the affirmative psychiatric defense of extreme emotional disturbance (EED) in New York County (one of the five counties which comprise New York City). The results of the study indicate that, as in the case of the insanity defense, EED is rarely proffered by criminal defendants (plea rate 0.84%). The defense only prevailed on one occasion at a jury trial. While the EED defense was successful 39% of the time that it was entered, this was usually only when the prosecutor accepted the argument that was offered by the defense.

The defense of extreme emotional disturbance: A qualitative analysis of cases in New York County.

“…the jury chose to return a murder verdict" (1997, p. 1349, n. 104). Kirschner and Galperin (2002) have provided data regarding the frequency with which the defense pleaded EED and was "successful" or "unsuccessful" in New York County over a 10-year period. However, they provided no data to distinguish the successful from the unsuccessful cases.…”