NCJ Number
147356
Journal
Law Enforcement Quarterly Dated: (February-April 1994) Pages: 19- 22
Date Published
1994
Length
4 pages
Annotation
Sharp interviewing by police officers and investigators can help prosecutors beat phoney insanity defenses and accurately assess and understand the defendant's mental status at the time of the crime.
Abstract
The plea of not guilty by reason of insanity (NGRI) comes into play only after the defendant has been convicted of a crime. Defendants entering this plea have a two-pronged defense: they can argue that they did not know what they were doing at the time of the crime, or that they were not capable of distinguishing right from wrong. The defense in NGRI cases relies on mental health professionals; while psychiatrists will agree that a defendant suffers from a mental disease or defect, their diagnoses are usually different. Jury members are generally instructed to take mental health testimony seriously. Differences between the diminished capacity defense and the NGRI defense are noted, and the importance of the initial investigation of a crime by the police and witness cooperation are emphasized. 3 footnotes