borrowed words - Myths about the Insanity Plea
There are many misconceptions about the insanity plea. One is that the insanity defense provides a loophole through which criminals can escape punishment for illegal acts. In reality, the insanity defense is extremely difficult to employ, even in cases of severely ill individuals. As a result, despite popular belief, the insanity defense is used in less than 1% of criminal cases.
The Case of Andrea Yates -
In March 2002, Andrea Yates, age 37, was convicted of murder for drowning her children. She was sentenced to life in prison, despite past treatment for postpartum depression and psychosis, four hospitalizations, and two suicide attempts. Andrea Yates was found guilty because in her testimony to the police she stated that she new the criminal justice system would punish her for her actions, implying that she knew the acts were wrong in the eyes of the law. Texas law does not recognize that for someone as ill as Andrea Yates, mental illnesses can create more powerful hierarchies of right and wrong than societal law.
Countless newspaper articles, talk shows, and news commentaries concerning the insanity defense have bombarded the public. Some of the cases have been highly publicized. One such case was that of John Hinckley, who attempted to assassinate President Ronald Reagen in 1981 and was found NGRI [not guilty by reason of insanity.] On psychiatric examination, Hinckley was found to be living in a "fantasy world with magical and grandiose expectations of impressing and winning over" his love, actress Jodie Foster (Goldstein, 1995, p. 309). Hinckley attempted to commit a historic deed that would make him famous and unite him with the love object of his delusions. His acquittal stimulated public cries for reform of the insanity defense. Within 2.5 years of John Hinckley's acquittal, 34 states changed their insanity defense statues to limit its use or to prevent the premature release of dangerous people.
Despite its rarity, there continues to be a variety of strongly held opinions over whether the insanity defense is a way to "beat the rap" or results in unfair, lengthy hospitalizations for those stigmatized as "bad and mad." Many believe that hospitalizations are shorter than prison sentences. In reality, it is nearly certain that after an individual is judged NGRI, more time is spent in a mental hospital than if the person had been sentenced to a correctional facility.
-all emphasis is added
-Psychiatric Nursing Contemporary Practice 4th ed by Mary Ann Boyd, p. 773
The Case of Andrea Yates -
In March 2002, Andrea Yates, age 37, was convicted of murder for drowning her children. She was sentenced to life in prison, despite past treatment for postpartum depression and psychosis, four hospitalizations, and two suicide attempts. Andrea Yates was found guilty because in her testimony to the police she stated that she new the criminal justice system would punish her for her actions, implying that she knew the acts were wrong in the eyes of the law. Texas law does not recognize that for someone as ill as Andrea Yates, mental illnesses can create more powerful hierarchies of right and wrong than societal law.
Countless newspaper articles, talk shows, and news commentaries concerning the insanity defense have bombarded the public. Some of the cases have been highly publicized. One such case was that of John Hinckley, who attempted to assassinate President Ronald Reagen in 1981 and was found NGRI [not guilty by reason of insanity.] On psychiatric examination, Hinckley was found to be living in a "fantasy world with magical and grandiose expectations of impressing and winning over" his love, actress Jodie Foster (Goldstein, 1995, p. 309). Hinckley attempted to commit a historic deed that would make him famous and unite him with the love object of his delusions. His acquittal stimulated public cries for reform of the insanity defense. Within 2.5 years of John Hinckley's acquittal, 34 states changed their insanity defense statues to limit its use or to prevent the premature release of dangerous people.
Despite its rarity, there continues to be a variety of strongly held opinions over whether the insanity defense is a way to "beat the rap" or results in unfair, lengthy hospitalizations for those stigmatized as "bad and mad." Many believe that hospitalizations are shorter than prison sentences. In reality, it is nearly certain that after an individual is judged NGRI, more time is spent in a mental hospital than if the person had been sentenced to a correctional facility.
-all emphasis is added
-Psychiatric Nursing Contemporary Practice 4th ed by Mary Ann Boyd, p. 773