NCJ Number
98813
Date Published
1985
Length
627 pages
Annotation
This study, conducted in July 1985, examined the antecedents, legislative and judicial development, implementation, and consequences of guilty-but-mentally-ill (GBMI) laws in Alaska, Delaware, Georgia, Indiana, Illinois, Kentucky, Michigan, New Mexico, Pennsylvania, South Carolina, South Dakota, and Utah.
Abstract
The study involved legislative analysis, a review of relevant social science research, and telephone interviews with 141 persons in the 12 States (legislators, attorneys, judges, mental health professionals, corrections personnel, and a criminal justice researcher). The 12 GBMI statutes differ in such fundamental areas as the standard for GBMI determinations, type of cases in which they apply, and administrative procedures. Since 1975, when Michigan enacted a GBMI statute, approximately 800 persons have been found GBMI. They tended to be young, white males convicted of serious crimes against persons. Most had previous contacts with the criminal justice and mental health systems. Most GBMI findings resulted from pleas and bench trials. GBMI offenders were given stiffer sentences than their guilty counterparts and did not receive better access to mental health treatment. They were imprisoned for longer periods than insanity acquittees involuntarily hospitalized. The GBMI option has not disturbed the frequency of the insanity defense. 52 tables and footnotes.