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Journal articles on the topic 'Not guilty by reason of insanity'

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Published: 4 June 2021

Last updated: 8 February 2022

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1

Anonymous. "Not-Guilty-By-Reason-of-Insanity Not Overused." Journal of Psychosocial Nursing and Mental Health Services 27, no. 3 (1989): 5. http://dx.doi.org/10.3928/0279-3695-19890301-05.

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2

Pogrebin, Mark, Robert Regoli, and Ken Perry. "Not guilty by reason of insanity: A research note." International Journal of Law and Psychiatry 8, no. 2 (1986): 237–41. http://dx.doi.org/10.1016/0160-2527(86)90038-5.

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3

Almeida, Fernando, Diana Moreira, Helena Moura, and Victor Mota. "Psychiatric monitoring of not guilty by reason of insanity outpatients." Journal of Forensic and Legal Medicine 38 (February 2016): 58–63. http://dx.doi.org/10.1016/j.jflm.2015.11.018.

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4

Freckelton, Ian. "Supervision orders over persons found not guilty by reason of insanity." Psychiatry, Psychology and Law 7, no. 1 (2000): 119–32. http://dx.doi.org/10.1080/13218710009524977.

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5

Roberts, Megan, and Christine French. "Success determinants of Victorian not guilty by reason of insanity pleas." Psychiatry, Psychology and Law 1, no. 2 (1994): 153–60. http://dx.doi.org/10.1080/13218719409524838.

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6

Kapoor, Reena, Tobias D. Wasser, Melissa C. Funaro, and Michael A. Norko. "Hospital treatment of persons found not guilty by reason of insanity." Behavioral Sciences & the Law 38, no. 5 (2020): 426–40. http://dx.doi.org/10.1002/bsl.2484.

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7

Heilbrun, Alfred B., and Mark R. Heilbrun. "Dangerousness and Legal Insanity." Journal of Psychiatry & Law 17, no. 1 (1989): 39–53. http://dx.doi.org/10.1177/009318538901700105.

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Men found not guilty by reason of insanity (NGRI) are not held responsible for their criminal acts because it is assumed that in some way mental disturbance was responsible for those acts. The present study considered dangerousness as an alternative explanation of violent acts committed by NGRI patients. Three correlates of dangerousness–-high antisocial behavior, low intelligence, and high social withdrawal–-were combined into a single index. Comparison of 55 NGRI patients who had committed violent acts and 204 violent criminals revealed that the NGRI patients scored higher on this dangerousn

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8

Paris, Joel. "Dissociative identity disorder: validity and use in the criminal justice system." BJPsych Advances 25, no. 05 (2019): 287–93. http://dx.doi.org/10.1192/bja.2019.12.

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SUMMARYThis review examines whether the diagnosis of dissociative identity disorder (DID) could be used to support a defence of ‘not guilty by reason of insanity’ (NGRI, or the insanity defence). The problem is that DID has doubtful validity and can easily be malingered. However, the diagnosis is listed in standard psychiatric manuals. If accepted as valid, DID would have problematic forensic implications.LEARNING OBJECTIVESAfter reading this article you will be able to: •understand the history of the DID diagnosis•evaluate the validity of the DID diagnosis•appreciate, from case law, use of DI

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9

Nestor, P. G., and J. Haycock. "Not guilty by reason of insanity of murder: clinical and neuropsychological characteristics." Journal of Clinical Forensic Medicine 6, no. 4 (1999): 265. http://dx.doi.org/10.1016/s1353-1131(99)90032-9.

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10

Wallach, Helene. "Not Guilty by Reason of Insanity (NGBRI)—Theory and Practice in Israel." International Journal of Forensic Mental Health 8, no. 3 (2009): 208–13. http://dx.doi.org/10.1080/14999010903358953.

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11

Almeida, Jaime, Olindina Graça, Fernando Vieira, Nuno Almeida, and Jorge Costa Santos. "Characteristics of offenders deemed not guilty by reason of insanity in Portugal." Medicine, Science and the Law 50, no. 3 (2010): 136–39. http://dx.doi.org/10.1258/msl.2010.100003.

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In Portugal, offenders found not guilty by reason of insanity (NGRI), may be given a restricted order to a special hospital as an alternative to prison. In European countries there is a recognized need for data concerning this special population. The aim of the present study was to examine the characteristics of all the NGRI subjects ( n = 274) detained in the country in a descriptive and retrospective survey conducted in January 2009. Offence committed, demographic factors, diagnosis at admission, background of substance abuse and diagnostic stability were recorded. Schizophrenia was the comm

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12

McCutcheon, Lynn E., and Lauren E. McCutcheon. "Not Guilty by Reason of Insanity: Getting it Right or Perpetuating the Myths?" Psychological Reports 74, no. 3 (1994): 764–66. http://dx.doi.org/10.2466/pr0.1994.74.3.764.

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In Exp. 1 50 subjects were randomly assigned to one of two videotape conditions. The experimental group watched a TV news program designed to expose some myths about the not-guilty-by-reason-of-insanity plea (NGRI) while controls watched a neutral program. A seven-item test designed to measure knowledge about each myth was administered before and twice after exposure to the videotapes. Analysis showed no significant difference for any exposure. Exps. 2 and 3 showed that reading a brief factual report about NGRI significantly reduced the belief in these myths as compared to beliefs of groups wh

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13

Calabrese, Joseph. "A Book Review of “Not Guilty by Reason of Insanity: One Man's Recovery”." Psychiatric Rehabilitation Skills 4, no. 2 (2000): 340–43. http://dx.doi.org/10.1080/10973430008408414.

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14

Mack, Dorothy, and Laura Weinland. "Not guilty by reason of insanity evaluations: A study of defendants and examiners." Journal of Criminal Justice 17, no. 1 (1989): 39–45. http://dx.doi.org/10.1016/0047-2352(89)90065-2.

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15

Boehnert, Caryl E. "Psychological and Demographic Factors Associated with Individuals Using the Insanity Defense." Journal of Psychiatry & Law 13, no. 1-2 (1985): 9–31. http://dx.doi.org/10.1177/0093185385013001-203.

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Thirty men who were found not guilty by reason of insanity were compared to 30 men who relied on the defense but were found guilty, and with 30 men who were evaluated for the defense but opted to plea bargain. Demographic and psychological test data were obtained for each subject. There was significant psychopathology found across groups, more suggestive of major mental illness than of psychopathy. When data on the heinousness of each individual crime were examined, NGRI subjects were found to commit the least heinous offenses, and those on death row were found to commit the most heinous. Dire

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16

Kellam, Alexander M. P. "The Criminal Procedure (Insanity and Unfitness to Plead) Act 1991." Psychiatric Bulletin 16, no. 4 (1992): 201–2. http://dx.doi.org/10.1192/pb.16.4.201.

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This short Act, which amends some parts of the Criminal Procedure (Insanity) Act 1964, came into force on 1 January 1992. It applies only to cases where arraignment was after that date (start of trial when charge[s] is read to the defendant), and only in the Crown and higher Courts. It enables Courts to try the facts of a case even when the defendant is “Under Disability” (= Unfit to Plead) and, when finding a person “Under Disability” or “Not Guilty by Reason of Insanity”, to order other disposals than indefinite detention in hospital. The legal definitions remain unchanged.

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17

Briska, William. "Book Section: Essay and Review: Not Guilty by Reason of Insanity: One Man's Recovery." Journal of Psychiatry & Law 28, no. 4 (2000): 513–15. http://dx.doi.org/10.1177/009318530002800409.

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18

Cavanaugh, James L., and Orest E. Wasyliw. "Adjustment of the Not Guilty by Reason of Insanity (NGRI) Outpatient: An Initial Report." Journal of Forensic Sciences 30, no. 1 (1985): 10960J. http://dx.doi.org/10.1520/jfs10960j.

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19

Thomson, Nicholas D., Carla Galusha, Elizabeth M. A. Wheeler, and Lindsay Ingram. "Psychopathy and Intelligence: A Study on Male Not Guilty by Reason of Insanity (NGRI) Acquittees." Journal of Psychopathology and Behavioral Assessment 42, no. 1 (2019): 52–57. http://dx.doi.org/10.1007/s10862-019-09751-0.

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20

Hodgins, Sheilagh. "Men Found Unfit To Stand Trial And/Or Not Guilty By Reason Of Insanity: Recidivism." Canadian Journal of Criminology 29, no. 1 (1987): 51–70. http://dx.doi.org/10.3138/cjcrim.29.1.51.

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21

Phillips, Michael S., Tammy Landau, and Catherine Osbourne. "Persons Discharged from Warrants of the Lieutenant Governor*." Canadian Journal of Psychiatry 32, no. 5 (1987): 343–50. http://dx.doi.org/10.1177/070674378703200504.

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The authors compiled demographic, psychiatric, and criminological information on persons who were held on warrants of the Lieutenant Governor in Ontario. These warrants were vacated between the period 1969–1982. Of the entire population of 296 such persons, 46% were held as being Unfit to Stand Trial, 51% were Not Guilty by Reason of Insanity, and the remainder were Mentally Ill prisoners. Separate analyses were conducted with the Unfit sample. The average length of confinement on a warrant was 7 years.

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22

Douzenis, Ath. "The importance of the patients deemed not guilty by reason of insanity for the psychiatric reform." Psychiatriki 27, no. 3 (2016): 165–68. http://dx.doi.org/10.22365/jpsych.2016.273.165.

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23

Gowensmith, W. Neil, Daniel C. Murrie, Marcus T. Boccaccini, and Brandon J. McNichols. "Field reliability influences field validity: Risk assessments of individuals found not guilty by reason of insanity." Psychological Assessment 29, no. 6 (2017): 786–94. http://dx.doi.org/10.1037/pas0000376.

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24

Kravitz, Howard M., and Jonathan Kelly. "An Outpatient Psychiatry Program for Offenders With Mental Disorders Found Not Guilty by Reason of Insanity." Psychiatric Services 50, no. 12 (1999): 1597–605. http://dx.doi.org/10.1176/ps.50.12.1597.

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25

Beckham, Jean C., Lawrence V. Annis, and David J. Gustafson. "Decision making and examiner bias in forensic expert recommendations for not guilty by reason of insanity." Law and Human Behavior 13, no. 1 (1989): 79–87. http://dx.doi.org/10.1007/bf01056164.

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26

Collins, David. "The Trial of the Tormented Rowland Edwards." Victoria University of Wellington Law Review 50, no. 3 (2019): 457. http://dx.doi.org/10.26686/vuwlr.v50i3.5988.

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"The law should take its course". With this pronouncement, Lieutenant-General Sir William Jervois, Governor of New Zealand, sealed the fate of Rowland Herbert Edwards. The Governor's words conveyed his confirmation of the death sentence that had been imposed upon Edwards for the murder of his wife, Mary, following his trial in the Supreme Court at Napier. This article explores the trial of Rowland Edwards and the questions that persist about the quality of the trial that resulted in Edwards' execution in circumstances where a verdict of not guilty by reason of insanity was reasonably available

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27

Valença, Alexandre Martins, Antonio Egidio Nardi, Isabella Nascimento, Talvane de Moraes, and Mauro Mendlowicz. "Schizophrenia and violent behavior." Revista Latinoamericana de Psicopatologia Fundamental 14, no. 4 (2011): 660–71. http://dx.doi.org/10.1590/s1415-47142011000400006.

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The aim of this study is to report the case of a woman who killed a child. After a forensic psychiatric appraisal to evaluate penal responsibility, she was considered not guilty by reason of insanity and mandatorily committed to the central forensic psychiatric hospital in the State of Rio de Janeiro, Brazil. The patient received a diagnosis of paranoid schizophrenia, based on DSM-IV-TR. She was not in psychiatric treatment and showed psychotic symptoms before the violent behavior became manifest. The study of motivational factors in homicidal behavior may provide further knowledge for underst

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28

Ganz, Melissa J. "Carrying On Like a Madman." Nineteenth-Century Literature 70, no. 3 (2015): 363–97. http://dx.doi.org/10.1525/ncl.2015.70.3.363.

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Melissa J. Ganz, “Carrying On Like a Madman: Insanity and Responsibility in Strange Case of Dr. Jekyll and Mr. Hyde” (pp. 363–397) This essay reads Robert Louis Stevenson’s Strange Case of Dr. Jekyll and Mr. Hyde (1886) alongside medico-legal debates about the nature and scope of insanity, arguing that the novel seeks to shore up the idea of individual responsibility in Victorian society. The cognitive test of insanity that emerged from the M’Naghten case of 1843 deemed a person legally irresponsible for his acts if, due to a defect of reason resulting from mental disease, he was unable to per

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29

Dirks-Linhorst, P. Ann. "Missouri's Not Guilty by Reason of Insanity Acquittees, 1980–2009: Is Gender Important When Comparing Female and Male Insanity Acquittees and Convicted Offenders?" Women & Criminal Justice 24, no. 3 (2014): 252–77. http://dx.doi.org/10.1080/08974454.2014.890160.

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30

Holoyda, Brian J., Barbara E. McDermott, and William J. Newman. "Insane Sex Offenders: Psychiatric and Legal Characteristics of Sexual Offenders Found Not Guilty by Reason of Insanity." Journal of Forensic Sciences 63, no. 4 (2017): 1207–14. http://dx.doi.org/10.1111/1556-4029.13707.

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31

Rutman, Irvin D. "Interested in a new challenge? The not guilty by reason of insanity plea part II: Fifteen questions." Psychiatric Rehabilitation Journal 26, no. 2 (2002): 109–11. http://dx.doi.org/10.2975/26.2002.109.111.

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32

Thomson, Nicholas, Salpi Kevorkian, Carla Galusha, Elizabeth Wheeler, and Lindsay Ingram. "Assessing the Link Between Schizophrenia and Antisocial Behavior in Not Guilty by Reason of Insanity (NGRI) Acquittees." Biological Psychiatry 89, no. 9 (2021): S323. http://dx.doi.org/10.1016/j.biopsych.2021.02.805.

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33

Skipworth, Jeremy, Phil Brinded, David Chaplow, and Chris Frampton. "Insanity Acquittee Outcomes in New Zealand." Australian & New Zealand Journal of Psychiatry 40, no. 11-12 (2006): 1003–9. http://dx.doi.org/10.1080/j.1440-1614.2006.01924.x.

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Objective: This paper examines clinical and forensic outcomes for defendants found not guilty by reason of insanity in New Zealand, and explores the implications for policy development and clinical rehabilitation in this population. Method: All insanity acquittees disposed of by the courts as special patients after 1976 and released before 2004 are described. Their duration of inpatient care, rates of reconviction and rehospitalization following release are examined. The high resolution rate for violent crime reported to police suggests that reconviction rates are a reasonable proxy for violen

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34

Jeandarme, Inge, Xavier Saloppé, Petra Habets, and Thierry H. Pham. "Not guilty by reason of insanity: clinical and judicial profile of medium and high security patients in Belgium." Journal of Forensic Psychiatry & Psychology 30, no. 2 (2018): 286–300. http://dx.doi.org/10.1080/14789949.2018.1544265.

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35

Vitacco, Michael J., Rebecca Vauter, Steven K. Erickson, and Laurie Ragatz. "Evaluating conditional release in not guilty by reason of insanity acquittees: A prospective follow-up study in Virginia." Law and Human Behavior 38, no. 4 (2014): 346–56. http://dx.doi.org/10.1037/lhb0000071.

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36

Scarpa, Franco. "The Italian reform of treatment of people not guilty by reason of insanity: The closure of forensic institutions." Forensic Science International: Mind and Law 1 (November 2020): 100016. http://dx.doi.org/10.1016/j.fsiml.2020.100016.

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37

Valevski, A., I. Averbuch, M. Radwan, et al. "Homicide by schizophrenic patients in Israel." European Psychiatry 14, no. 2 (1999): 89–92. http://dx.doi.org/10.1016/s0924-9338(99)80723-8.

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SummaryThirty-three schizophrenic inpatients aged 45.3 ± 13.5 years who had been found not guilty of homicide by reason of insanity were compared with 28 schizophrenic patients matched for age, sex and duration of disease who had not committed any crime. Statistical analysis revealed a high rate in the study group of individual factors associated with aggression, such as alcohol abuse, previous contact with the police, aggressive behavior and threats (P < 0.05). Significantly more of them were also immigrants (P < 0.05). There was no between-group difference in familial factors. These fi

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38

Leuschner, Fredericke, Martin Rettenberger, and Axel Dessecker. "Imprisoned But Innocent: Wrongful Convictions and Imprisonments in Germany, 1990-2016." Crime & Delinquency 66, no. 5 (2019): 687–711. http://dx.doi.org/10.1177/0011128719833355.

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Although in the United States wrongful convictions and imprisonments are a major public and scientific concern, this topic has been largely ignored in Germany for decades. The present article offers for the first time an overview of all accessible German cases of successful retrials involving convicted persons who served a prison sentence since 1990. The data refer to 31 wrongfully convicted persons in 29 independent cases. Although the largest group consists of cases of false allegations, some of the wrongly convicted were considered not guilty by reason of insanity, and a few wrongful convic

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39

Jeandarme, Inge, Laura Vandenbosch, Marc Groenhuijsen, T. I. Oei, and Stefan Bogaerts. "Who Are the Victims of NGRI Acquittees? A Study of Belgian Internees." Violence and Victims 34, no. 3 (2019): 434–51. http://dx.doi.org/10.1891/0886-6708.vv-d-16-00197.

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BackgroundThe limited literature on victim characteristics of offenders found not guilty by reason of insanity (NGRI) shows that most victims are adults who are known to the offender. It is currently unclear whether victims are mainly male or female or whether there are differences in the type of victims according to the offenders' psychiatric disorder.MethodVictim characteristics were retrospectively collected from 362 NGRI acquittees, and the influence of psychiatric diagnoses on victim profiles was examined.ResultsVictims were mainly adult acquaintances and were equally likely to be male or

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40

Friedman, Susan Hatters, Debra R. Hrouda, Carol E. Holden, Stephen G. Noffsinger, and Phillip J. Resnick. "Child Murder Committed by Severely Mentally Ill Mothers: An Examination of Mothers Found Not Guilty By Reason of Insanity." Journal of Forensic Sciences 50, no. 6 (2005): 1–6. http://dx.doi.org/10.1520/jfs2005132.

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41

Mitchell, Sean M., Sarah L. Brown, Angelea D. Bolaños, et al. "Psychiatric symptom severity, criminal risk, and suicidal ideation and attempts among not guilty by reason of insanity state hospital inpatients." Psychological Services 15, no. 3 (2018): 340–48. http://dx.doi.org/10.1037/ser0000209.

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42

Ellias, Randi. "Should Courts Instruct Juries as to the Consequences to a Defendant of a "Not Guilty by Reason of Insanity" Verdict?" Journal of Criminal Law and Criminology (1973-) 85, no. 4 (1995): 1062. http://dx.doi.org/10.2307/1144093.

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43

Spiegel, Allen D., and Merrill S. Spiegel. "Not guilty of murder by reason of paroxysmal insanity: The “mad” doctor vs. “common-sense” doctors in an 1865 trial." Psychiatric Quarterly 62, no. 1 (1991): 51–66. http://dx.doi.org/10.1007/bf01958838.

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44

Lewis, E. Thomas, and R. Gregg Dwyer. "Psychosis and Sexual Offending: A Review of Current Literature." International Journal of Offender Therapy and Comparative Criminology 62, no. 11 (2017): 3372–84. http://dx.doi.org/10.1177/0306624x17740016.

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Sexual offending is a public health concern and societal risk requiring a multi-disciplinary approach. While current data give an indication of the frequency of sexual victimization, these figures likely underestimate the severity of the concern as many of these incidents go unreported. And while sex offender research has increased over the past several decades, particular attention to those offenders with severe mental illness remains limited. In this descriptive review, literature describing sex offenders with psychotic disorders is explored with a focus on recent research. Important conside

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45

Akhtar, Syed Naveed. "Clinical Guidelines for Management of Patients under Lieutenant Governor's Warrants." Canadian Journal of Psychiatry 31, no. 9 (1986): 838–42. http://dx.doi.org/10.1177/070674378603100909.

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This paper examines three categories of mentally abnormal offenders who are held under Lieutenant Governor's Warrants. It explores the psychiatric-legal issues in cases of pre-trial (not fit to stand trial) and post-trial (not guilty by reason of insanity) L. G. W.'s. An attempt is made to provide a structure for such psychiatric-legal evaluations. Clinical guidelines are offered about the objectives, the assumptions and the criteria which form the basis of such evaluations. Suggestions are made for collection of relevant data which should inform psychiatric and legal judgement-making in this

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46

Kamali, Elizabeth Papp. "The Devil's Daughter of Hell Fire: Anger's Role in Medieval English Felony Cases." Law and History Review 35, no. 1 (2016): 155–200. http://dx.doi.org/10.1017/s0738248016000481.

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During the period at issue in this paper–the thirteenth and fourteenth centuries, when trial juries were first employed in English felony cases–felonious homicide was a catch-all category, with no formal distinction drawn between murder and manslaughter. Nevertheless, juries did distinguish among different types of homicide as they sorted the guilty from the innocent, and the irremediably guilty from those worthy of pardon. Anger was one of the factors that informed this sorting process. This paper builds upon an earlier analysis of the meaning of felony, which posited that the medieval paradi

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47

Pirec, Vesna. "What Can Happen When Postpartum Anxiety Progresses to Psychosis? A Case Study." Case Reports in Psychiatry 2018 (2018): 1–5. http://dx.doi.org/10.1155/2018/8262043.

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This case report describes a primipara without documented psychiatric history prior to complicated delivery. Onset of severe insomnia and anxiety was right after childbirth but not treated. Obsessive thinking pattern became more prominent. The patient became depressed and sought psychiatric help four months after delivery. Insomnia was then treated pharmacologically. Anxiety and depression persisted, suicidal ideation emerged, and the patient became confused, indecisive, overwhelmed, and delusional regarding her child’s health. Medications for depression and anxiety were started six months pos

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48

Beaudoin, Marie Nathalie, Sheilagh Hodgins, and François Lavoie. "Homicide, Schizophrenia and Substance Abuse or Dependency." Canadian Journal of Psychiatry 38, no. 8 (1993): 541–46. http://dx.doi.org/10.1177/070674379303800803.

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Few studies have extensively studied the aggressive behaviours of mentally disordered offenders. This investigation compared 14 schizophrenics found not guilty of homicide by reason of insanity (NGRI) with 12 schizophrenics convicted of homicide. A comparison group of 15 homicide offenders with no major mental disorder was used. Drug and alcohol consumption, previous history of aggression against others as well as mental health were assessed using standardized, reliable, valid instruments. Significantly more of the inmates with no major mental disorder were diagnosed as having a history of dru

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49

Thomson, Nicholas D., Salpi Kevorkian, Carla Galusha, Elizabeth M. A. Wheeler, and Lindsay Ingram. "Anxiety Mediates the Link Between Psychopathy and Aggression in NGRI Acquittees." International Journal of Offender Therapy and Comparative Criminology 65, no. 8 (2021): 955–72. http://dx.doi.org/10.1177/0306624x21994067.

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Psychopathy has been long associated with anxiety, and anxiety has been argued to play an important role in psychopathy-related behaviors, such as aggression. However, these associations have not yet been explored in Not Guilty by Reason of Insanity (NGRI) Acquittees. The goals of the present study were to test the correlations between the 4-facet psychopathy construct and anxiety, and to assess whether anxiety mediates the association between psychopathy and aggression. In a sample of 81 NGRI acquittees, anxiety was positively related to the lifestyle facet. When testing the mediating role of

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50

Wright, Ervin E., Nick J. Piazza, and John M. Laux. "The Utility of the SASSI-3 in Early Detection of Substance Use Disorders in Not Guilty by Reason of Insanity Acquittees: An Exploratory Study." Journal of Addictions & Offender Counseling 28, no. 2 (2008): 119–27. http://dx.doi.org/10.1002/j.2161-1874.2008.tb00037.x.

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