Prospective Comparison of Four Insanity Defense Standards

• NCJ Number: 133146
• Journal: American Journal of Psychiatry Volume: 148 Issue: 1 Dated: (January 1991) Pages: 21-27
• Author(s): R M Wettstein; E P Mulvey; R Rogers
• Date Published: 1991
• Length: 7 pages
• Publication Format: Article
• Publication Type: Research (Applied/Empirical)
• Language: English
• Country: United States of America

Annotation

This study examined how different standards for determining insanity affect case outcome and disposition. Four forensic psychiatrists assessed whether 164 defendants met any or all of four insanity tests including the American Law Institute (ALI) cognitive criterion, the ALI volitional criterion, the American Psychiatric Association (APA) test, and the M'Naghten rule.

Abstract

The psychiatrists determined that over 97 percent of the defendants met the ALI volitional criterion, nearly 74 percent met the APA test, 70 percent met the M'Naghten rule, and nearly 70 percent met the ALI cognitive criterion. Nearly two-thirds of the sample met all 4 definitions of insanity, while 24.4 percent of the defendants met only the ALI volitional test; elimination of this test reduced the rate of psychiatrist recommendations of acquittal by the same 24.4 percent. These findings demonstrate that, while the divisions between cognitive and volitional standards are powerful, those between types of cognitive standards are not. 5 tables and 32 references