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Angelica M. Ardines
Dr. Guenzel
ENC 1102- Section 0014
February 28, 2013
Research Dossier: Pleading Insanity in the Court System
Dossier Introduction
Pleading insanity refers to the defense a criminal might pursue when they claim that, at
the moment they committed the crime, they were not mentally capable to make a distinction
between right or wrong, or that they had poor mental health and therefore could not control
their actions. There are two types of insanity pleas—cognitive and volitional. Cognitive insanity
refers to the incapability of telling between right and wrong at the time the crime was
committed. Volitional insanity refers to the defendant’s impulsive behavior due to poor mental
health at the time the crime was committed.
Insanity pleas vary from state to state. Most states allow defendants to plea cognitive
insanity; few states allow defendants to plea volitional insanity, which is usually used when the
defendant committed a vengeance crime. Furthermore, the insanity defense should not be
confused with incompetency defense or mentally disable defense. These two last defenses are
treated differently from insanity defenses in all states.
The insanity defense is used when a judge considers it appropriate—when the
defendant has enough evidence to support the insanity plea. Once the defendant supplies the
evidence needed (including expert testimony from psychologists and psychiatrists), the jury is
then instructed to consider whether the defendant is to be spare of the punishment for insanity
reasons. The defendant has to notify the prosecution of their intent to plea insanity. In some
states the court will consider the insanity plea after a verdict of guilty or not guilty has been
reached. In other states the insanity defense is consider when reaching the verdict.
The role of pleading insanity in the court system has always been a controversial topic.
Those who aren’t familiar with the court system believe that many people use it to get away
with criminal behavior, or to lessen the punishment they would have to normally face for the
crime committed. Yet, despite popular belief, pleading insanity in the court system is far
trickier than it seems. There’s certain tests that have to be done, and expert opinion must be
provided. Actually, research shows that most defendants choose not to use the insanity defense.
But, how efficient are this tests? Can you truly tell, with certainty that someone is not faking to
be insane?
I will use the sources I’ve gathered to shape my research paper in many ways. I will
define the insanity defense. I will expand my knowledge on the history of the insanity defense,
and see how it has affected today’s view on it. I will get informed about common
misconceptions held by the public, and see how these shape their opinions. Sources like
Lilienfeld, S. O., & Arkowitz, H. (2010, December 23). The insanity verdict on trial, will help
me understand how proponents of the insanity defense have built a strong base for their
argument. By looking at the different statutes that states have to declare a person insane. I’ll
focus on the state of Florida to narrow down the rules or parameters, because these vary from
state to state, but I will, nevertheless, mention certain differences among states. I’ll figure out
why is the insanity defense used so low and why most defendants opt not to use it. I’ll do some
research to determine how efficient the tests—that determine that a person is or was insane at
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the time the crime was committed—are. I will also explore popular beliefs and opinions on the
insanity defense to see how these influence the jury when making a verdict. By analyzing the
different court cases, I’ll come up with a stance and support it with concrete evidence.
Research Map
What is the
definition of insanity
in the court system?
RESEARCH
QUESTIONS:
How does it differ
from the “common
definition” of
insanity?
Who exactly
determines if a
criminal is
“insane”?
How does the court
system determine if
a criminal is
“insane”?
What are the
guidelines?
Insanity
Insanity in the court
system
KEY WORDS:
Forensic Psychology
Psychology
Criminal Psychology
Internet Research
TYPES OF
RESEARCH:
Library Research
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Timetable:
Date
02/05/2014
STA
2014C
Exam 1
POS
2041
Exam 1
BSC
2010C
None
02/07/2014
None
EC
Question
due @
10:30 a.m.
None
None
02/10/2014
02/11/2014
02/12/2014
02/13/2014
02/14/2014
02/19/2014
02/21/2014
02/24/2014
PSY 2023
None
Peer Review
Library Course
Personal
FYAE:
First Year
Scholars
Reception
@ 3:30 p.m.
None
TBA Library
None
Visit
Dentist Appointment @ 4:15 p.m.
Interview @ 10:45 a.m.
None
Exam 2
None
None
Outlining the
None
research paper
None
Digital Paper
None
Trail due
@ 12 p.m.
None
Module 6
None
due
@ 11:59
p.m.
Exam 2
None
Workshop Draft
None
Annotated
Bibliography
due
@ 12 p.m.
02/26/2014
02/27/2014
02/28/2014
to
03/02/2014
03/03/2014
to
03/08/2014
ENC
1102
Research Map
due
@ 12 p.m.
None
None
Peer Review
Final Draft
Research
Dossier due
@11:59 p.m.
Exam 3
None
Aunt Amira visit from New York
Trip to Disney!
SPRING BREAK
None
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03/10/2014
None
Invention
03/14/2014
None
Peer Review
03/24/2014
None
Invention:
Public Service
Announcement
03/27/2014
None
Exam 4
03/28/2014
03/31/2014
04/02/2014
Exam 3
None
04/04/2014
None
04/07/2014
None
04/09/2014
None
04/10/2014
04/11/2014
04/17/2014
04/18/2014
to
04/22/2014
04/23/2014
04/25/2014
04/28/2014
Exam 4
Exam 5
None
Peer Review
None
Invention
Reflection and
Self-assessment
Peer Review
None
GEP Post
Test due
@ 11:59
p.m.
None
Module 8
due
@ 11:59
p.m.
None
None
None
Module 9
due
@ 11:59
p.m.
None
None
None
None
Module
10 due @
11:59
p.m.
None
None
None
None
None
Final Exam
None
None
None
None
Group
Conference
Group
Conference
None
04/14/2014
04/16/2014
Peer Review
Group
Conference
Group
Conference
None
Module 7
due
@ 11:59
p.m.
None
Research paper:
introduction
None
None
Final Exam
Research
Presentations
Final
Exam
None
None
None
Final Exam
None
Final
Exam
None
None
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Annotated Bibliography
"Criminal insanity." The People's Law Dictionary. 2005. Gerald N. Hill and Kathleen T. Hill
30 Jan. 2014 http://legal-dictionary.thefreedictionary.com/Criminal+insanity
This website offers a definition of the insanity defense. It explores the history, public opinion,
consequences, and uses and abuses of the insanity defense. It clarifies myths that the public
might hold true about the insanity defense. This website gathers information from a variety of
sources. Some of the information might be biased, though most of it include only definitions
and factual information.
Cherry, K. (n.d.). Forensic psychology careers: A closer look at careers in forensic
psychology. Retrieved from
http://psychology.about.com/od/psychologycareerprofiles/a/forensicpsych.htm
This source explains the requirement one needs to meet to be a forensic psychologists. These
are usually the people that evaluate criminals and tend to give their professional opinions on
the insanity plea. The author, Kendra Cherry, has a Bachelor of Science in Psychology and
specializes in the advising of students pursuing a psychology major and those taking an
introductory class to psychology.
Daftary-Kapur, T., Groscup, J. L., O'Connor, M., Coffaro, F., & Galietta, M. (2011).
Measuring knowledge of the insanity defense: Scale construction and validation.
Behavioral Sciences & the Law, 29(1), 40-63. doi:10.1002/bsl.938
This field study measures the knowledge of the insanity defense and how this knowledge
influences juries and their decisions in cases where the defendant pleas insanity. It divides the
scale into nine different categories and gives an explanation on each. The field study was part
of an academic journal, Behavioral Sciences & the Law. There is some biased due to the type of
study it is. For instance, the authors only surveyed people who had negative views on the
insanity defense.
Insanity defense FAQs. (n.d.). Retrieved from
http://www.pbs.org/wgbh/pages/frontline/shows/crime/trial/faqs.html
This website helped the public understand the difference between incompetency to stand trial
and the insanity defense. It also answers common questions about the insanity defense—how
successful is it, how often is it used, what are the legal standards, among others. PBS is a wellknown broadcasting company in the United States; it is one of America’s most trusted
broadcasting companies. There is little to no bias in this article, for it presents factual
information about the insanity defense.
Insanity defense. (n.d.). Retrieved from
http://criminal.findlaw.com/criminal-procedure/insanity-defense.html
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This website offers factual information about the insanity defense. It offers background
information (when was it first used), how courts test defendants, and state laws. FindLaw is a
website that offers free information about legal cases, to help the public with questions they
might have. This particular article is not biased for it offers factual information.
Janofsky, J. S., Vandewalle, M. B., & Rappeport, J. R. (1989). Defendants pleading insanity:
An analysis of outcome. Bulletin of the American Academy of Psychiatry & the Law,
17(2), 203-211.
This field study observed a series of trial in Baltimore City over a period of twelve months. It
then compared which case plead insanity. From those that plead insanity, it compared which
ones were successful in their defense. It also compared the type of crimes to which the insanity
defense was applied to. The American Academy of Psychiatry and the Law publishes peer
reviewed journals. The authors of the journals are experts on the field of forensic psychology.
Lilienfeld, S. O., & Arkowitz, H. (2010, December 23). The insanity verdict on trial.
Retrieved from
http://www.scientificamerican.com/article/the-insanity-verdict-on-trial/
This article talks about the insanity defense and its benefits. It uses controversial cases like the
one involving Andrea Yates to support its argument. The authors of the article are biased,
because even though they do present the opposing views, they still support the insanity
defense. Scott O. Lilienfeld is a professor of psychology at Emory University. Hal Arkowitz has a
PhD in Psychology.
Louden, J., & Skeem, J. L. (2007). Constructing insanity: jurors' prototypes, attitudes, and
legal decision-making. Behavioral Sciences & the Law, 25(4), 449-470.
doi:10.1002/bsl.760
This field study evaluates three prototypes jurors have about insanity defenses and the
correlation they have with the jurors’ verdict. It also notes how to identify a biased juror and
how to keep their decisions closer to the law, rather than their opinions. The field study was
published in the scholarly journal Behavioral Sciences and the Law. The authors keep from
giving biased information.
Martin, J. P. (1998, February 27). The insanity defense: A closer look. Retrieved from
http://www.washingtonpost.com/wp-srv/local/longterm/aron/qa227.htm
This article gives some factual and historic information about the insanity defense. It answers
frequently asked questions about the insanity defense. The article was published in the
Washington Post. Although the author presents factual and historical information, there’s still
some biased towards the positive side of the insanity defense.
McLellan, F. (2006). Mental health and justice: the case of Andrea Yates: former nurse Andrea
Yates, whose postnatal mental illness led her to drown her five children, had her life
sentence overturned at a retrial earlier this year, after successfully pleading insanity.
Faith McLellan reviews the case and its implications for mental health in the criminal
justice system. (World Report). The Lancet, 368(9551), 1951.
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This articles explores the case of Andrea Yates in more depth. It also shows how this particular
case shaped the court system in relation to mental illness cases. The article was published in
The Lancet, a medical journal that focuses on oncology, neurology, and infectious diseases.
Pickel, K. L. (1998). The effects of motive information and crime unusualness on jurors'
judgments in insanity cases. Law and Human Behavior, 22(5), 571-584.
doi:10.1023/A:1025791530881
This field study looked at 371 mock jurors and observed how their verdicts were shaped by the
kind of information they received from either the prosecution or the defense. This study was
published in the scholarly journal, Law and Human Behavior.