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Zachary

Danielle Zachary
ENC 1102
February 25, 2019
Draft

Introduction to the Research Dossier

We live in a world where nobody is perfect, but we strive for perfection. In rare instances
you come across an individual who is deviant from what we consider normal. These people are
considered mentally ill and when you mix this with criminals, you get a very unstable individual.
If they were to commit a crime, there is an exception for their sentence in the law. If a mentally
ill person committed a crime and plead not guilty by reason of insanity (NGRI), then they would
not have to go to prison. To plead mentally insane is a hard process, but it can help the individual
achieve rehabilitation. A forensic mental health professional would evaluate the individual and if
the individual is deemed insane in the eyes of the law, they would end up at a psychiatric facility
with the aim of recuperation. The NGRI is a useful tool because if the mentally ill were to go to
prison or jail, they would not be getting the help they need and would only be putting others at
risk as well as themselves. Many individuals find the NGRI plea to be dangerous to them due to
it allowing criminals to be able to avoid jail or prison time. While they make a good point, they
fail to realize that getting help is a step in the right direction towards a better life. There are
several types of legal definitions of insanity that can vary from state to state. Examples of these
are the M’Naghten Rule, the Irresistible Impulse Test, the Federal Test, and the American Law
Institute Test. As we move forward into this topic, I will be using these four tests as perspectives
to help better explain.
The reason I decided to choose this topic was because I believe that a limited amount of
people understand mental illness and its effect on people. I am not condoning committing
criminal acts and I am not saying that there is an excuse for those that committed serious crimes.
I want to spread awareness about mental illness and show that it is a thing that is extremely
serious and prevalent in our society. Many people have been looking into this issue and have
been researching it and many people will still be researching it for days to come. Curing
mentally ill individuals has its hardships due to stigmata and unwillingness to comply. In
continuing research, we will therefore be able to help and hopefully prevent any more crimes
committed by certain individuals.
The good thing about being able to research a topic that you are passionate about is that
you learn new things as time goes on. So far, I have learned things that will help prepare me for
my future in the field of psychology. I am being introduced to famous figures throughout history
that I didn’t know pertained to my topic. The sources that I will be using throughout my essay
will help support my topic. They will be showing the different sides of the insanity plea and will
be helping to explain the background behind the NGRI and hopefully its future in our society. In
my research I will be looking at different types of insanity pleas and if rehabilitation is really a
question through NGRI. I will also be looking at certain individuals through time that have plead
insane and if they successfully went through with it. I also want to explain that I do not condone
the actions that any of the mentally ill have committed and I am not providing a justification for
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their actions. I am stressing the importance of mental health in our society and that seeking
treatment is an advantageous thing to do.

Research Proposal and Research Map

Preliminary Thesis/Argument:
The NGRI defense is a real verdict that is used in a court of law to determine if a person was
competent at the time the crime took place. The NGRI varies across state lines so depending on
where the crime was committed, the person who is mentally ill has a different chance of being
registered as not guilty by reason of insanity.

Research Style: APA

Research Questions:
1. How successful is rehabilitation after an NGRI (Not Guilty by Reason of Insanity)
verdict is given?
2. How does NGRI vary among states?

Key Words:
 “Not Guilty by Reason of Insanity”
 “insanity defense”
 “mentally insane”
 “non compos mentis”
 “law”
 “insanity plea”
 “NGRI”

Research Types:
Scholarly Sources:
I have looked online through the UCF Libraries and Google Scholar and found many research
articles about the NGRI. Most of them talk about the insanity plea and define how it effects
individuals in society. These are mostly through case studies, academic writings, and controlled
experiments or surveys. They are all from credible sources and, if published, have gone through
the rigorous peer reviewing process.

Internet Sources:
Many of the sources I looked at from online websites were from credible sources. Some of them
were from governmental branches and others were from colleges, such as Cornell, which is a
reputable university. I also included Wikipedia, which surprising to none, was a huge source of
information that really helped me research into the topic.

Research Issues:
An issue I found while researching my topic concerns the welfare of normal citizens. People are
concerned that by not incarcerating people will allow for more crimes to be committed. These
people are opposing the NGRI defense due to the violence they see in the crimes committed.
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These people are not seeing that the individuals are mentally ill and can seek possible treatment
for their diseases.

Intended Audience:
My intended audience is the class and the TED audience. I understand that not everyone is a
psychology major, so I aim to make the information as layman as possible. Other people who are
interested in criminal law may benefit from reading and hearing from my topic. Criminology or
sociology majors may find the NGRI defense informative and intriguing.

Research Schedule:

February
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2
Reading
Response
(RR) 8
3 4 5 6 7 8 9
Research RR9 Library
Proposal Course
Memo
10 11 12 13 14 15 16
Inquiry and Research
Researchin Map
g Writing in Meet At
the Library
Disciplines PSYCH
TEST 6PM
17 18 19 20 Digital 21 22 23
Paper Trail RR12

24 25 26 27 28
Workshop Peer- PHILOSOPHY
Draft Review TEST 1:30 PM
Research Workshop
Dossier 1

March
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2
RR14
3 4 5 6 7 8 9
Final Draft RR16 MAC 1105 SB SB
Research TEST 8:30
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Dossier AM
10 11 12 13 14 15 16
SB SB SB SB SB SB SB
COUSIN’S
WEDDIN
G
17 18 19 20 21 22 23
SB RR17 RR18 RR19
PSYCH
TEST 6PM
24 25 26 27 28 29 30
Workshop Peer-
Draft Review
Rhetorical workshop
Analysis 2
31

April
Sunda Monday Tuesday Wednesday Thursday Friday Saturda
y y
1 2 3 4 5 6
Pitch TED Final Draft
Talk Rhetorical
Analysis
7 8 9 10 11 12 13
Workshop MAC 1105 Peer-Review
Draft 1 TEST 8:30 Workshop
Research AM Draft 1
Paper Research
Paper
14 15 16 17 18 19 20
Workshop Workshop PHILOSOPH Final Draft
Draft 2 Draft 3 Y TEST 1:30 Argumentati
Research Research PM ve Research
Paper Paper/ Paper/TED
Peer- Student
Review Lounge
Workshop
Draft 3
Research
Paper
21 22 23 24 25 26 27
Workshop Extra Course
Draft Self- Credit Evaluation
Assessment Opportunit
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(Reflection) y- Writing/
/ Peer- Reminder
Review about
Workshop Course
Draft Self- Evaluations
Assessment PSYCH
(Reflection) TEST 6PM
28 29 30
TED Talks/ MAC1105
E- Final Test
Portfolios/ 8:30 AM/
Feedback to PHILOSOPH
Research Y FINAL
Presentatio 1:30 PM
ns
1:30?

Annotated Bibliography

1. Breheney, C., Groscup, J., & Galietta, M. (2007). Gender matters in the insanity
defense. Law & Psychol. Rev., 31, 93. https://advance.lexis.com/api/permalink/d1f2bd82-
7626-4ee8-9a73-870eee85cdf3/?context=1516831.

This article talks about how gender creates a bias in the arrival of the insanity defense. The
argument this source presents is that certain factors, such as attractiveness, ethnicity and
gender, can influence the jury. The main focus is that gender can affect the issue of the
verdict in an unfair way. A finding in the article is that females are more likely to find a male
defendant guilty, which is inappropriate bias in the decision-making process. This source is
important to my topic because it is the only one that stresses the importance of gender in the
decision-making process of NGRI. Christian Breheney has experience in psychology at the
John Jay College of Criminal Justice. Jennifer Groscup is an Associate Professor in the
Department of Psychology at the John Jay College of Criminal Justice. Michele Galietta is an
Associate Professor in the Department of Psychology at the John Jay College of Criminal
Justice. This research was part of Christian Breheney’s Master’s Thesis.

2. Findlaw. (n.a). The Insanity Defense Among the States. Retrieved February 18, 2019,
from https://criminal.findlaw.com/criminal-procedure/the-insanity-defense-among-the-
states.html.

This is an online post that goes into detail of various legal insanity tests and the states that
use which test. This source is important to my topic because it talks about the M’Naghter
Test, the Irresistible Impulse Test, the Model Penal Code Test, and the Durham Rule, which
are insanity tests that determine incompetence in sanity. It also is one of the only sources that
talks about the different tests that vary state by state. Findlaw is a website that deals with law
and explains certain legal issues and how to solve them.
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3. Friedman, S. H., & Sorrentino, R. (2012). Commentary: postpartum psychosis,

infanticide, and insanity—implications for forensic psychiatry. Journal of the American
Academy of Psychiatry and the Law Online, 40(3), 326-332.
http://jaapl.org/content/40/3/326.

This article talks about infanticide and postpartum psychosis and provides an argument for
the insanity. Postpartum psychosis is important in the world of psychology because not many
people know about its existence. It is a serious mental disorder that many people overlook.
Many people think of infanticide, the killing of an infant, as something that is inhuman and
cannot be justified, but the insanity defense shows that these individuals had a serious mental
disorder. In the article, Andrea Yates is references as an example of someone who committed
infanticide and tried for the NGRI. This source is relevant because it is the only one that
references postpartum psychosis and provides an argument that these individuals are
mentally insane. Susan Hatters Friedman MD is a psychiatrist that is associated with the
University Hospitals Cleveland Medical Center. Renée Sorrentino MD the medical director at
the Institute for Sexual Wellness and the Assistant Professor in Psychiatry at Harvard
Medical School. She is a Board-Certified Psychiatrist. This article was published in the
Journal of the American Academy of Psychiatry and the Law.

4. Green, D., Belfi, B., Griswold, H., Schreiber, J. M., Prentky, R., & Kunz, M. (2014).
Factors Associated with Recommitment of NGRI Acquittees to a Forensic
Hospital. Behavioral Sciences & the Law, 32(5), 608–626.
https://doi.org/10.1002/bsl.2132

This is a journal article that describes the factors that are associated with the recommitment
of NGRI acquittees to a forensic hospital. It uses an archival study that assesses rick factors
associated with the recommitment of 142 individuals that were NGRI in New York State at a
forensic hospital. This article provides an example of how rehabilitation isn’t easy.
Sometimes individuals need to be recommitted if they present themselves as harmful to
themselves or others. Debbie Green PHD is an associate Professor in the School of
Psychology at Fairleigh Dickinson University and is an expert in clinical psychology with a
specialization in forensic assessment. Brian Belfi PsyD is a licensed psychologist and is a
clinical instructor at New York University of Medicine. Hali Griswold PHD is a forensic
postdoctoral fellow at Eastern State Hospital. Jeremy M. Schreiber is an expert in finite
element analysis at Penn State University. Robert Prentky PHD is in the Department of
Psychology at Fairleigh Dickinson University. Michal Kunz MD is a clinical associate
professor in the Department of Psychiatry at New York University. This article was published
in the Behavioral Sciences & the Law.

5. Holoyda, B. J., McDermott, B. E., & Newman, W. J. (2018). Insane Sex Offenders:
Psychiatric and Legal Characteristics of Sexual Offenders Found Not Guilty by Reason
of Insanity. Journal Of Forensic Sciences, 63(4), 1207–1214.
https://doi.org/10.1111/1556-4029.13707.
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This is journal article that provides an example of individuals, who are sex offenders, that
used the NGRI defense. What is good about this source is that it uses a study conducted, so
the results concerned real people. This gives a good look into the lives of those that were
committed for NGRI. The study was a chart review that uses the characteristic of NGRI sex
offenders committed to the California Department of State Hospitals. Brian Holoyda MD is
an expert in psychiatry and neurology and forensic psychiatry. Barbara E. McDermott PHD
is an expert in psychiatry and behavioral sciences at UC Davis. William Newman is in the
Department of Psychiatry at St. Louis University School of Medicine. This article was
published in the Journal of Forensic Science and was presented at the 47th annual Meeting of
the American Academy of Psychiatry and the Law. This source uses examples of real life
individuals which shows that even sex offenders can use the NGRI.

6. Holoyda, B., & Newman, W. (2016). Between belief and delusion: Cult members and the
Insanity Plea. Journal of the American Academy of Psychiatry and the Law Online, 44(1),
53-62. https://login.ezproxy.net.ucf.edu/login?
auth=shibb&url=https://search.ebscohost.com/login.aspx?
direct=true&db=psyh&AN=2016-22584-008&cpidlogin.asp?custid=current&site=ehost-
live&scope=site.

This article provides a look inside the minds of cult members who attempt to plead insane.
Cults can vary in their radical tendencies, but when a crime is committed in the name of a
cult, then the question of sanity is up in the air. The article talks about and gives examples of
famous court cases involving cults. They even mention the People V Manson murder case
that was popular in the 1960s. This source is useful because it reviews previous cases that are
relevant to my topic that further the need of the NGRI defense and references cults, which
not many of my other sources do. Brian Holoyda MD is an expert in psychiatry and
neurology and forensic psychiatry. William Newman is in the Department of Psychiatry at St.
Louis University School of Medicine. This article was published in the Journal of the
American Academy of Psychiatry and the Law.

7. Jacewicz, Natalie. (2016). With No Insanity Defense, Seriously Ill People End Up in
Prison. Retrieved from https://www.npr.org/sections/health-
shots/2016/08/05/487909967/with-no-insanity-defense-seriously-ill-people-end-up-in-
prison.

This is an online article that provides a look at those that attempt for the insanity defense and
are actually mentally ill, but do not acquire it. This source explains that those who actually
need rehabilitation through the use of the NGRI and are denied it, end up in prison and
usually do not receive the care they need. This source is also important because it talks about
how Idaho has no insanity defense, which is a major let down to those who need it in that
state. Natalie Jacewicz is a writer who studied biology at Harvard University and is a scholar
at New York University Law School. This article was published on the National Public Radio
website.

8. Jaffe, D.J., (2010). Our Legal System Still Does a Terrible Job of Handling the Mentally
Ill. Retrieved from https://mentalillnesspolicy.org/ngri/not-guilty-reason-insanity.html.
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This is an online article that goes into detail about how the mentally ill are misrepresented in
the legal system. This source provides an argument that the legal system in America is flawed
and treats the mentally ill unfairly. The article provides an example of a case that occurred in
2010 where a mentally ill individual, Mark Becker, was unfairly judged in court who
overlooked his mental status. This article also references Andrea Yates and John Hinkley,
who are two examples of famous individuals who used the insanity defense. The article
provides them as two individuals where the law has gone their way in the case of NGRI.
These examples are used to juxtapose how there are people who the law is on the side of and
those that there are not. DJ Jaffe is an author and Executive Director of Mental Illness Policy
Org. This article was published in the Wall Street Journal.

9. Mental Health America. (n.a). Position Statement 57: In Support of the Insanity Defense.
Retrieved February 18, 2019, from
http://www.mentalhealthamerica.net/positions/insanity-defense.

This is an online article that provides details of the insanity defense and talks about how
important the insanirt defense is in the world of mental health. This source provides an
argument that is in support of the insanity defense and explains that it is important because it
explains that the mentally ill are impaired in a way that is beyond normal thinking. Mental
Health Health America is a nonprofit that is dedicated to improving the lives of those that are
living with mental illness and aims to promote the importance of mental health in all
Americans.

10. Prerost, F. J. (2017). Insanity defense. Salem Press Encyclopedia. Retrieved from
https://login.ezproxy.net.ucf.edu/login?
auth=shibb&url=https://search.ebscohost.com/login.aspx?
direct=true&db=ers&AN=95342910&site=eds-live&scope=site.

This is an article that gives a general overview of what the insanity defense is and how it can
be used. It talks about the significance the defense has in law. It talks about various insanity
tests and provides examples of real life individuals that attempted to use the NGRI defense.
Frank J. Prerost is a part of the Western Illinois University and has published various
research works in science. This source is relevant to my topic because it gives good
background into the insanity defense.

11. Schweitzer, N. J., & Saks, M. J. (2011). Neuroimage evidence and the insanity
defense. Behavioral sciences & the law, 29(4), 592-607.
https://login.ezproxy.net.ucf.edu/login?
auth=shibb&url=https://search.ebscohost.com/login.aspx?
direct=true&db=aph&AN=63394747&site=eds-live&scope=site.

This article gives the biological perspective on the insanity defense and provides evidence of
neuroimaging to support the case. It brings up an experiment that was conducted on members
in the US with a written mock trial that used psychological, neuropsychological,
neuroscientific, and neuroimage-based expert evidence to show support of the NGRI defense.
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Neuroimaging’s fresh perspective provides new evidence of how the insanity defense can be
used. This is the only source that uses neuroimaging as an indicator of using the NGRI
defense and provides an argument that neuroimaging is important in the insanity defense
case. N.J. Schweitzer is an associate professor in the School of Social and Behavioral
Sciences at Arizona State University. He has written many previous works that deal with
science and technology. Michael J. Saks a professor of law at the Sandra Day O’Conner
College of Law at Arizona State University. He has also written previous credible works in
science.

12. Virginia Department of Behavioral Health & Developmental Services. (n.a). The Insanity
Defense & the NGRI Finding. Retrieved from
http://www.dbhds.virginia.gov/library/forensics/ofo%20-%20section%201%20all
%20sections.pdf.

This is a PDF from the Virginia Department of Behavioral Health & Developmental Services
(DBHDS). This page gives detailed information and statistical evidence about the insanity
defense and also explains the many variations of the insanity test. This is useful because it
helps talk about the M’Naghten Test, the Irresistible Impulse Test, the Federal Test, the
American Law Institute Test, and the Virginia Insanity Test, which all help my perspectives.
The DBHDS is an Agency of the Commonwealth of Virginia that promotes recovery and
wellness of individuals with concerns to their mental and physical health. They aim to create
a safe space and educate those about behavioral health. This source helps define my topic and
gives information and examples.

13. Weiss, K. J., & Watson, C. (2008). NGRI and Megan's Law: no exit?. Journal of the
American Academy of Psychiatry and the Law Online, 36(1), 117-122.
https://login.ezproxy.net.ucf.edu/login?
auth=shibb&url=https://search.ebscohost.com/login.aspx?
direct=true&db=edswss&AN=000254427300018&site=eds-live&scope=site.

This article talks about the NGRI defense and talks how it relates to Megan’s Law. Megan’s
Law is a part of law that requires sex offenders to register and notify their communities. This
article discusses the insanity part of sex offenders and how NGRI fits into them. Kenneth J.
Weiss MD is a part of the University of Pennsylvania and has expertise in forensic psychiatry
and criminal psychology. Clarence Watson MD is an expert in clinical and forensic
psychiatry and is a board-certified psychiatrist. This entry was published in the Journal of the
American Academy of Psychiatry and the Law. This article is relevant because it provides an
example of the law side of psychology, which adds a fresh perspective to my topic.

14. Wikipedia contributors. (2019, January 29). Insanity defense. In Wikipedia, The Free
Encyclopedia. Retrieved 22:29, February 19, 2019,
from https://en.wikipedia.org/w/index.php?title=Insanity_defense&oldid=880729151

This is Wikipedia page that talks about and defines the insanity defense. It includes the
background history of the defense and the process behind it all. The page also talks about the
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different types of tests for insanity, such as the M’Naghten Test, the Durham/New Hampshire
Test, and the Model Penal Code Test, which contribute to the four perspectives I have set up.
Since it is a Wikipedia page, it has multiple contributors, but it is still credible. At the end of
the page it lists all the references that were used.

15. Yoong, G. (2012, April 11). Top 10 Most Notorious Insanity Defense Cases. Retrieved
February 18, 2019, from https://listverse.com/2012/04/11/top-10-most-notorious-
insanity-defense-cases/.

This is an online article that details the most notorious and famous insanity defense cases.
This is an important source because it gives examples of real life individuals who have used
or attempted to use the NGRI defense. It ranges from various dates in history and location.
Gideon Yoong is a writer for Listverse.com.