NCJ Number
152473
Journal
Journal of Police and Criminal Psychology Volume: 10 Issue: 2 Dated: (October 1994) Pages: 1-4
Date Published
1994
Length
4 pages
Annotation
This study was conducted in Honolulu, Hawaii, to determine if the burden of proof in insanity trials had any significant relationship to verdicts rendered.
Abstract
In 1982, a statutory change made the insanity plea an affirmative defense in Hawaii and placed the burden of proof on the defense. Prior to January 1, 1982, the burden of proof was on the prosecution. To assess the change in burden of proof, the study included criminal defendants who entered an insanity defense during the 3 years preceding (1979-1981) and the 3 years after the affirmative defense initiative (1982-1984). Of 4,273 indictments in Hawaii's Circuit Court, the insanity defense was invoked in 230 cases (5.4 percent). Chi-square analysis indicated a nonsignificant difference between the frequency of insanity pleas in pre-enactment and post-enactment years. Following the burden of proof initiative, no significant change was observed in the proportion of defendants entering an insanity plea who were adjudicated not guilty by reason of insanity. Shifting the burden of proof from the prosecution to the defense did not, as legislative proponents anticipated, significantly decrease either the frequency of the insanity plea or its success rate. Factors contributing to public and legislative concern over the insanity defense are noted. 17 references and 2 tables