NCJ Number
78196
Date Published
1980
Length
24 pages
Annotation
These two papers tell prosecutors how to anticipate and refute the insanity defense and provide guidelines on the choice of expert witnesses and the cross-examination of defense witnesses.
Abstract
In an opening section, incompetency is differentiated from insanity. The papers suggest that refutation of the insanity defense should be based on the fact that psychiatry and psychology are inexact fields. The prosecutor should also remind the jury that the defense of insanity pertains to the defendant's state of mind at the time of the commission of the crime and not to the defendant's possible history of mental problems. The importance of pretrial preparation is also emphasized. For example, one paper recommends interviews with all mental health experts who will be called as witnesses at trial. In addition, during the voir dire, prosecutors should determine which prospective jurors are likely to be overly impressed with the testimony of mental health experts. Examples of questions, case citations, and notes containing references are included.