"The Forensic Psychologist & The Insanity Defense"

All About Forensic Psychology

"As part of their role within the legal system - in particular assessing criminal responsibility - a forensic psychologist may be asked to determine whether an accused individual can legitimately claim insanity as part of their defense.

As with other areas within the remit of the forensic psychologist, the insanity defense is often misrepresented and over stated in the popular media, which in turn has resulted in a skewed perception among the general public.

Contrary to public belief that the insanity defense is in essense a get out of jail card, the reality is that only a handful of defendants pursue an insanity defense and those that do rarely succeed. In percentage terms within felony cases, the insanity defense is employed around 1% of the time and within that 1% it is only successfully employed about a quarter of the time.

It's also worth noting that should a defendant be found not guility on the basis of insanity, they are likely to spend more time confined to a mental institution, than a sane individual in jail who has been convicted of a similar crime.

Further evidence that the insanity defense is hardly a legal loop hole can be seen in the major provisions of the Insanity Defense Reform Act of 1984. Signed into law on October 12, 1984, this was the first comprehensive Federal legislation governing the insanity defense and the disposition of individuals suffering from a mental disease or defect who are involved in the criminal justice system. The more significant provisions of the act were that it:

1. Significantly modified the standard for insanity previously applied in the Federal courts.

2. Placed the burden of proof on the defendant to establish the defense by clear and convincing evidence.

3. Limited the scope of expert testimony on ultimate legal issues.

4. Eliminated the defense of diminished capacity.

5. Created a special verdict of "not guilty only by reason of insanity," which triggers a commitment proceeding.

6. Provided for Federal commitment of persons who become insane after having been found guilty or while serving a Federal prison sentence."

(Source US Attorneys Criminal Resource Manual)