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This article is from the In-Depth Report How Can Science Help Make Sense of the Arizona Massacre?
See Inside January / February 2011

The Insanity Verdict on Trial

The insanity defense, rarely used, is widely misunderstood

ON JUNE 20, 2001, Andrea Yates, an ex-nurse from Houston with a history of severe postpartum depression, drowned all five of her children (aged six months to seven years) in a bathtub. Following a conviction in 2002 that was overturned on appeal, Yates was acquitted in 2006 as not guilty by reason of insanity. Yates’s attorneys, backed by expert testimony, contended that she thought she was being persecuted by Satan and needed to protect her children from eternal damnation by killing them.

Forty-six U.S. states have some version of the insanity defense on the books, with Utah, Montana, Idaho and Kansas disallowing it. This defense is designed to protect people who are incapable of understanding or controlling their criminal actions and to help them get treatment. Nevertheless, the idea of offenders being deemed legally innocent is hard for the public to swallow. In the case of Yates, radio talk-show host Mike Gallagher captured the sentiments of many: “So now,” Gallagher opined, “officially and formally, Andrea Yates did not drown her five children, is that it?” Similarly, after the 1982 acquittal of John W. Hinckley, Jr., for the attempted assassination of President Ronald Reagan, an ABC News poll revealed that 76 percent of Americans believed that Hinckley—who was deemed delusional—should have been convicted.

Although excusing the violence of Yates and Hinckley may seem wrong, the insanity defense is actually tailored to such situations. The concept of criminal “guilt” refers to more than whether a defendant committed the crime; in almost all states, it also requires that the person be deemed of sound mind when the act was performed. And although many believe the plea dumps dangerous felons back on the streets, in fact attorneys attempt the defense only rarely and typically fail in the attempt. Even when the defense succeeds, the acquitted usually end up with sentences similar to or longer than those for convictions. The main difference between an acquittal and conviction: those acquitted on the basis of insanity are usually sent to psychiatric hospitals rather than prisons.

Origins of a Plea
In 1843 Daniel McNaughton went to 10 Downing Street in London with a plan to kill the British prime minister, Robert Peel. Mistaking Peel’s secretary for Peel, McNaughton shot the secretary, who died five days later. McNaughton was acquitted on the grounds that he believed the government was plotting against him, but the verdict had no clear precedent and rested on fuzzy legal grounds. Reacting to public anger to the verdict, a panel of judges fashioned a guideline for insanity, now called the McNaughton rule: to be declared insane, defendants must either not have known what they were doing at the time or not have realized their actions were wrong.

The McNaughton rule, which many U.S. states adopted, hinges on cognitive factors, excusing people from legal responsibility because they lacked understanding of the crime’s meaning. Some states now employ the looser guidelines set out by the American Law Institute in 1962, which broadened the insanity defense to also include cases in which a person cannot control his or her impulse to act because of a psychiatric disorder. Proponents of the defense, in either guise, regard it as a needed exception for the rare cases in which people are unable to inhibit their destructive behaviors. Most advocates believe that it is inhumane to punish individuals who did not adequately grasp what they were doing. Instead, they say, we should try to rehabilitate or least treat them.

But critics contend that excusing individuals for a crime that they unquestionably committed makes no sense. To them, the insanity defense confuses the question of whether a person should be found guilty of a crime with that of what punishment he or she should receive. Most skeptics believe that all defendants who commit a crime should be found guilty but that those with severe mental illness should sometimes receive lessened sentences.

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