The authors examined 316 Oregon criminal cases in which the accused
successfully pleaded the insanity defense. Prosecutors agreed to the
insanity verdict in more than four out of five cases. In most cases all
examining experts diagnosed the defendant as psychotic. The smaller number
of defendants who were diagnosed by the state hospital staff as displaying
only personality disorders accounted for a disproportionately large
percentage of the contested trials. Observing that Oregon's insanity
defense system is run by consensus, the authors suggest a reorientation of
the insanity defense debate.
Abstract Teaser