Insanity DefenseAccording to the public, defendants found to ne NGRI are released back into society to quicklySteadman & Braff (1983)People have a average hospital stay of 3 yearsThey may receive a conditional releaseWhere a person has to undergo out patient treatment, be supervised by Mental Health ProfessionalsBut this can be revoked if certain standards aren’t metThe public most often have the notions that NGRI defendants are very dangerousIt’s hard to assess how dangerous a person might be to the public during their institutionalization.There’s evidence that suggests there is lower recidivism rates among NGRI defendants.A small amount of violence in the community can be attributed to the mentally ill.Mental Illness & ViolenceThose with psychiatric illness are more likely to be the victim rather than the victimizer.They are also 2.5 times more likely to be attacked, raped, or mugged by someone in the general populationDehumanizing attitudes and social rejection stem from people who view mental illness as being dangerous and violent.Facts on InsanityNGRI defendants may have a record or prior arrests but their records DO NOT EXCEED that of regular felonsFemale NGRI have the same psychiatric backgrounds as their male counterpartsThey can both:Have low socioeconomic backgroundsHave a prior history of hospitalizationsHave previously been found incompetent to stand trialFrendak vs. US, 1979A competent defendant can reject an insanity defense if the decision is intelligent and voluntaryWhy?Avoid longer commitment sentencesObjects to quality treatmentDenial of insanityFear that the insanity may represent guiltPolitical/ religious protestCompetency to proceed is different from competency to enter a pleaTypes of DefensesAffirmativeResponsibility to prove legal insanity is given to the defenseDiminishes criminal culpabilityNegatingDisproves an element of the prosecutions caseResponsibility rests on the prosecution to prove the presence of a requisite elementTemporary InsanitySeen as a partial negating defenseDaniel E. Sickles: the 1st to use temporary insanityTemporary InsanityDiminished Capacity: Mitigating factorWhen someone has metal illness or disturbances that reduces the ability for someone to understand their own actions; they be lessen the severity of their charge or punishmentTwinkie DefenseDiminished capacity was done away with in California after the Dan White murder trial in 1982Personality DisordersIn few jurisdictions, personality disorders are excluded from the definition of mental diseasesThere has been questions of whether or not the components of a personality disorder should be able to establish a mental disease, like borderline personality disorderCognitive ProngThe person is unable to appreciate or identify the wrongness behind the behaviorVolitional ProngThe person was unable to have the capacity to conform a behavior to be in line with the requirements of the lawIt is understood that traits and behavior do have genetic and neurological underpinningsPotential ProblemsCausation does not equal choiceDeterministic approach“I can’t help what I do, my brain made me do it.”Danger of circular reasoningSolutionsGet rid of the volitional prongInsanity Defense reform Act of 1984Narrows defenses to “severe mental illnessesExclude personality disordersDouble Edged Sword of Personality DisordersAspinwall, Brown, & Tabery (2012)Can expert testimony about the biological underpinnings of psychopathy increase or decrease punishment?2 X 2 designOnly accept testimony about the diagnosis of psychopathyAdditional testimony about biological underpinningsTestimony presented by prosecution or defense, not bothBiochemical evidence reduced the extent to which psychopathy was rated as aggravating and reduced sentencing impositions86.7 % of judges named aggravating factors as describing personality disorderAggravating factors include:Poor amenability to treatmentRisk of future dangerousnessControl and intentionality of actionsFrom 29.7%- 47.8% judges listed personality disorders as mitigating factorsMitigating factors include:Impaired cognition and volitionalNeurologically deficient, just as others are disabledAlternative Forms of PunishmentIndefinite civil commitmentLecture 13Outline of Last Lecture I. Criminal Responsibility a. Competencyb. ResponsibilityII. Criminal Offenses III. Escaping PunishmentIV. Insanity Standards a. McNaghten Ruleb. American Law Institute V. Burden of Proof Outline of Current Lecture VI. Insanity Defense VII. Mental Illness & Violence VIII. Facts on Insanity IX. Types of Defenses a. Affirmative b. Negating c. Temporary InsanityX. Temporary Insanity a. Diminished Capacity b. Twinkie DefenseXI. Personality Disorder a. Cognitive Prongb. Volitional Prong PSYC 371 1st Editionc. Potential Problemsd. SolutionsXII. Double-Edged Sword of Personality Disorders a. Aspinwall, Brown, & Tabery (2012)b. 2 X 2 Design XIII. Alternative Forms of Punishment Current Lecture Insanity Defense - According to the public, defendants found to ne NGRI are released back into society to quicklyo Steadman & Braff (1983) People have a average hospital stay of 3 years  They may receive a conditional release - Where a person has to undergo out patient treatment, be supervised by Mental Health Professionals o But this can be revoked if certain standards aren’t met- The public most often have the notions that NGRI defendants are very dangerous o It’s hard to assess how dangerous a person might be to the public during their institutionalization.o There’s evidence that suggests there is lower recidivism rates among NGRI defendants. A small amount of violence in the community can be attributed to the mentally ill. Mental Illness & Violence- Those with psychiatric illness are more likely to be the victim rather than the victimizer.- They are also 2.5 times more likely to be attacked, raped, or mugged by someone in the general population- Dehumanizing attitudes and social rejection stem from people who view mental illness as being dangerous and violent.  Facts on Insanity- NGRI defendants may have a record or prior arrests but their records DO NOT EXCEED that of regular felons - Female NGRI have the same psychiatric backgrounds as their male counterpartso They can both: Have low socioeconomic backgrounds Have a prior history of hospitalizations Have previously been found incompetent to stand trial Frendak vs. US, 1979- A