OBJECTIVE: The authors' goal was to determine whether changing the
insanity test in California in 1982 actually affected use of the insanity
defense. METHOD: They gathered information on all individuals who entered
the insanity plea (N = 1,300) and all those acquitted by reason of insanity
(N = 665) in seven counties in California 3 years before and 3 years after
the change in the test of insanity. They focused on whether California's
revision of the insanity test affected the number and rate of insanity
pleas, the number and rate of insanity acquittals, the characteristics of
individuals using the defense, the target offenses, and the length of stay
of insanity acquittees. RESULTS: The reform did not affect the rate of
insanity pleas or acquittals, the characteristics of those using the
defense, or their length of confinement. CONCLUSIONS: Although the reform
had no direct effects on the use of the insanity defense, the authors
hypothesize that an indirect change in criminal sentencing practices led to
a decrease in the number and rate of insanity pleas and acquittals.
Abstract Teaser