Zachary 1

Danielle Zachary
ENC 1102
4 March 2019
Research Dossier

Research Dossier
Introduction

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. The world has several individuals that have used the NGRI defense to
help them get out of jail and help them with their mental illness. These people are viewed upon
differently because of the way they act and they all plead differently. I will be looking at three
different groups of people who have used the insanity plea. They are cultists, sexual offenders,
and serial killers and are going to be my perspectives I will also be looking at how gender biases
present themselves in the court during these types of trials. I am looking to see if there is a
difference in the way gender is perceived in those who are insane.
Some people 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.
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 had 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 sources that I will be using throughout my essay will help support my topic. The
three perspectives 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. For my
information about cultists I will be using the sources by Holoyda and Newman (2016), and
Wilson and Kwileck (2003). For information about sexual offenders I will be using the sources
by Holoyda, McDermott, and Newman (2018) and Weiss and Watson (2008). For information
 Zachary 2

about serial killers I will be using the sources by Wikipedia (2019), Castle and Hensley (2002),
and Yoong (2012). For the research on the gender bias I will be using sources by Breheney,
Groscup, and Galietta (2007) and Friedman and Sorrentino (2012). The rest of my sources will
be used as background information for insanity and the legal system. Some of my sources will
overlap because there is a fine line between serial killer and cultists and some can see. 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 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. Is there a difference in the way that cultists, sexual offenders, and serial killers plead the
insanity defense and how they are viewed?
2. Is there a bias of gender in the way that the insanity plea is viewed.

Key Words:
 “Not Guilty by Reason of Insanity”
 “insanity defense”
 “mentally insane”
 “non compos mentis”
 “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.
 Zachary 3

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.
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: I will be setting time aside to write every Sunday.

February
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
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Reading
Response
(RR) 8
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Research RR9 Library
Proposal Course
Memo
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Inquiry and Research
Researching Map
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
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RR14
3 4 5 6 7 8 9
Final Draft RR16 MAC 1105 SB SB
Research TEST 8:30
Dossier AM
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SB SB SB SB SB SB SB
COUSIN’S
WEDDING
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SB RR17 RR18 RR19
PSYCH
TEST 6PM
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Workshop Peer-
Draft Review
Rhetorical workshop
Analysis 2
31

April
Sunda Monday Tuesday Wednesday Thursday Friday Saturda
y y
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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
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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
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Research
Paper
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Workshop Extra Course

Draft Self- Credit Evaluation
Assessment Opportunit
(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.

Content: 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.

Author: 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.

Bias: 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.

2. Castle, T., & Hensley, C. (2002). Serial killers with military experience: Applying
learning theory to serial murder. International Journal of Offender Therapy and
Comparative Criminology, 46(4), 453-465.
 Zachary 6

Content: This is a research article that talks about serial murderers and how mental illness
fits into why they do what they do. This research calls into the question of military
experience and how it shaped individuals into potential serial killers.

Author: Tammy Castle is an Associate Professor at James Madison University with a

teaching focus in Crime and Criminology. Christopher Hensley was an Associate
professor in the Criminal Justice Department at the University of Tennessee Chattanooga.

Bias: This source is important because it helps define what a serial killer is and gives a
perspective on how and why people become killers.

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.

Content: 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.

Author: 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.

Bias: This source is relevant because it is the only one that references postpartum psychosis
and provides an argument that these individuals are mentally insane. This viewpoint also
shows how females can use the NGRI defense in terms of their postpartum
depression/psychosis.

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

Content: 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.
 Zachary 7

Author: 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.

Bias: 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.

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.

Content: 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.

Author: 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.

Bias: 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. 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/log
in.aspx?direct=true&db=psyh&AN=2016-22584-
008&cpidlogin.asp?custid=current&site=ehost-live&scope=site.

Content: 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
 Zachary 8

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.

Author: 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.

Bias: 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.

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.

Content: 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.

Author: 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.

Bias: 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.

8. 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/log
in.aspx?direct=true&db=ers&AN=95342910&site=eds-live&scope=site.

Content: 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

Author: NGRI defense. Frank J. Prerost is a part of the Western Illinois University and has
published various research works in science.

Bias: This source is relevant to my topic because it gives good background into the insanity
defense.
 Zachary 9

9. 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.

Content: 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.

Author: 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.

Bias: This source is useful because it helps with information and detail about the NGRI. It
provides textbook material that can help me put pieces together to learn about insanity better.

10. 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/log
in.aspx?direct=true&db=edswss&AN=000254427300018&site=eds-live&scope=site.

Content: 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.

Author: 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.

Bias: This article is relevant because it provides information about sex offenders who are
involved in the insanity defense.

11. Wilson, L. S., & Kwileck, S. (2003). Are these people crazy, or what? A rational choice
interpretation of cults and charisma. Humanomics, 19(1), 29-44. Retrieved from
https://www.emeraldinsight.com/doi/abs/10.1108/eb018882.

Content: This is a research article that looks into the world of cultists and questions their
sanity. They talk about why the cultists are so charismatic and how people are lured in by
their false bravado. This article talks about the infamous Charles Manson and the murders
that occurred in the 60s because of him and more infamous cultists who had other people
murder or kill themselves at their command.
 Zachary 10

Author: Loretta S Wilson works for the Department of Economics and the Department of
Philosophy and Religious Studies at Radford University. She has published several
research papers that deal with philosophy and economics. Susan Kwileck is a part of the
Department of Economics and the Department of Philosophy and Religious Studies at
Radford University.

Bias: This source is useful because it provides a look into the lives of cultists and helps
look at the guilt that happens after murders occur in their name. The source also provides
an example of how cultists are treated in terms of their insanity.

12. 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

Content: 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.

Author: 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.

Bias: This source is useful because it gives a background into the NGRI defense and it
provides information about insanity and how it varies among individuals.

13. 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/.

Content: This is an online article that details the most notorious and famous insanity defense
cases.

Author: Gideon Yoong is a writer for Listverse.com.

Bias: 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.