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The New York State Insanity Defense Reform Act of 1980: a legislative experiment.

Through a statistical analysis of major changes in postacquittal procedures of the Insanity Defense Reform Act of 1980 (IDRA 1980), the study reveals the Act's success in formalizing, regularizing, juridicizing, accelerating, and extending to all acquittees psychiatric examinations and review and release procedures. Although more persons are reviewed and released at postacquittal hearings than in the matched pre-1980 cohort, fewer enter nonsecure facilities at commitment or during first 18 months of hospitalization, and fewer are released at the six-month review. After 18 months more acquittees remain inmates in secure facilities. Interviews with leading figures in the formulation and enactment of IDRA provide retrospective and prospective judgments on insanity defense reform issues.

Criminal Law↗

United States v. Lyons: toward a new conception of legal insanity.

In United States v. Lyons (1984), the U.S. Fifth Circuit Court altered its definition of legal insanity to conform with recent recommendations of the American Bar Association and the American Psychiatric Association. This paper briefly reviews the social and legal context of the Court's ruling. The author then discusses the insanity defense's rationale and suggests an interpretation of the Court's new definition that should guide psychiatric testimony.

Cognition↗

The insanity defense: asking and answering the ultimate question.

The authors address the main questions in the insanity defense debate: Should it be abolished? Should psychiatrists participate as expert witnesses? Is the profession damaged by such testimony? Is there a logical leap between providing psychiatric findings and providing an opinion to the ultimate question? Because the free will/determinism model underlying the current insanity defense positions can be used to argue either side of the debate, it does not supply any rational answers. The authors reframe the discussion, using a systems approach, and suggest answers to these questions that are in line with the clinical realities and on a firmer philosophic ground.

Expert Testimony↗

Elimination of the exculpatory insanity rule. A modern societal need.

The author argues that on rational, humanitarian, professional, societal, and constitutional grounds, the insanity defense as currently employed in the United States should be abolished. This comprehensive article discusses the constitutionality of abolition, alternatives to the insanity defense, and much more.

Adolescent↗

Community placement for insanity acquittees: a preliminary study of residential programs and person-situation fit.

The present study, one of the first of its kind, describes the characteristics of community living placements for insanity acquittees conditionally released following hospitalization, along with the "fit" between living placement and individual characteristics. Although the small number of insanity acquittees (n = 13) and community placements (n = 9) precluded meaningful statistical analyses of results, the study provides a model for studying the characteristics of placements as well as personal characteristics of acquittees, and the interaction between the two. It also suggests the possible importance of this interaction, operationalized as "fit" between characteristics and placement. Consistent with research findings for other criminal defendants and for nonforensic psychiatric patients released from hospitalization, a better fit between acquittee and community placement may be associated with increased likelihood of success on conditional release.

Adult↗

Hospitalized insanity acquittees' level of functioning.

Since 1975 in New Jersey, similar legal criteria apply to the discharge of insanity acquittees as those patients who are civilly committed. Based on contact with insanity acquittees (NGRIs) in a regional state hospital, we had the impression that they appeared to be functioning better than the general inpatient population. The purpose of this study was to assess the length of inpatient stay and the level of functioning for the NGRIs and contrast it to a comparison group selected to for variables such as age, ethnicity, Axis I diagnosis, and history of substance abuse, which could impact on our variables of interest. We obtained psychiatrist-rated clinical global impression (CGI) scores and nursing-rated specific level of functioning (SLOF) scores in a group of 62 NGRIs and in a matched group of 62 controls. The NGRIs had significantly better CGI scores, and higher "personal care skills" and "social acceptability" SLOF section scores. The social acceptability subscale includes items for aggressiveness towards others, self, and property, all of which were significantly better for the NGRIs. Thus, in our setting, inpatient NGRIs displayed some evidence of better clinical functioning, including less perceived aggressiveness, than the control inpatients. Although the NGRIs has been in the regional state hospital for a shorter period than the controls, the NGRIs had spent an average of over three continuous years in secure facilities before transfer to the regional state hospital. We discuss our findings in view of high rates of paranoid subtypes of psychotic disorders among the NGRI group, and the high prevalence of substance abuse.

Adult↗

Excluding personality disorders from the insanity defense--a follow-up study.

Examining the effects of Oregon's statutory reform excluding personality disordered individuals from the insanity defense, we previously identified a study sample of insanity acquittees, each of whom was given a primary diagnosis of a personality disorder during subsequent evaluation at the state hospital. In the present study we explore the relationship between that diagnosis and the pretrial psychiatric diagnosis presented to the trial court. By reading the forensic mental health evaluations used at trial we found that 50 percent of our study sample of 34 personality disordered patients were diagnosed with psychotic disorders, affective disorders, retardation, and organic brain disorders. In addition to investigating the diagnosis offered as evidence at trial, we performed assessments of 38 mental health reports using published standards for forensic evaluation reports. We found compliance rates in the various categories ranged from 8 to 84 percent with a mean of 45 percent. We question the value of the mental health input to these trials, and believe that the data tend to validate past aspersions of forensic practice.

Adolescent↗

Prototypes of intrafamily homicide and serious assault among insanity acquittees.

Public concern with societal violence is intensified when persons who have been found not guilty by reason of insanity (NGRI) of having committed a homicide or serious assault are returned to the community. Successful management of such acquittees in the community requires a sophisticated understanding of the person and the illness within the larger context of the violent incident, the family, the community, and the culture. In this article, we present an analysis of psychotic violence within a family context. A qualitative study of 64 subjects who were found NGRI of killing or seriously injuring a family member resulted in four prototypes of intrafamilial homicide/assault: Till Death Us Do Part; Overwhelming Burden, Elimination of the Limit Setter; and Family-Focused Delusional Killing. The prototypes are presented as a model for developing management strategies both for future risk assessment and for successful transition of the insanity acquittee into the community.

Adolescent↗

An examination of gender and racial differences among Missouri insanity acquittees.

This study examines gender and racial differences among Missouri insanity acquittees, which included 42 African American females, 279 African American males, 63 Caucasian females, and 458 Caucasian males. Significant differences across the four groups were not found in age, current marital status, a diagnosis of borderline intellectual functioning/mental retardation, committing crimes of assault and burglary, and whether insanity acquittees ever received conditional releases to reside in the community. Some variations across the four gender/race categories were related to race (diagnoses of schizophrenia, mood disorders, and other Axis I diagnoses), but variations were more frequently related to gender (whether ever married; diagnoses of substance abuse, sexual disorders, antisocial personality disorder, borderline personality disorder, and any personality disorder; committing crimes of murder, sexual offenses, and serious offenses; and current residential status). African American males were identified as being an at-risk population. They were the most likely to have a schizophrenia diagnosis, a substance abuse diagnosis, an antisocial personality disorder diagnosis, and to be hospitalized on the survey date. Implications for treatment and future research are explored.

Adolescent↗

An empirical approach to insanity evaluations.

Described the development of the Rogers Criminal Responsibility Assessment Scales (RCRAS) as an empirically based testing procedure specifically designed for use in insanity evaluations. A pretest of the RCRAS that employed 10 case vignettes and a preliminary study of 25 patients are reported. Initial results indicated that the RCRAS has satisfactory interrater reliability and successfully discriminated between those patients evaluated as sane and insane. Results of the discriminant analysis, MANOVA, and factor analysis are discussed with reference to the RCRAS' construct validity and the need for further extensive studies.

Diagnosis, Differential↗

The Bridgewater 100: an analysis of admissions to a hospital for the criminally insane.

One hundred admissions to a hospital for the criminally insane are reviewed. Within this sample 20% were referrals from psychiatric hospitals and 30% were transferred from prison. The remainder were referred from the courts for evaluations. In 44 cases this was for an evaluation of competency to stand trial and in 6 cases the referrals were for evaluation prior to sentencing. An analysis of the subgroups and individual cases indicates that mentally ill patients are often referred to facilities for the criminally insane because the appropriate wards do not exist within the mental health system. This exposes them to a criminal population and results in negative social labelling. A large proportion of those referred from prisons have consciously manipulated their transfer in order to do "soft time". This also confers on them future advantage by virtue of being labelled more mental than criminal. The majority of those referred for competency evaluations could easily have been assessed in a non-inpatient setting. In these cases the referral appeared to be a covent request for treatment or a legal maneuver. Methods for solving these problems are briefly discussed.

Adult↗

Dementia praecox and manic-depressive insanity in 1908: a Grade of Membership analysis of the Kraepelinian dichotomy.

Grade of Membership (GoM) analysis, a multivariate classification technique based on fuzzy-set mathematics, was applied to the demographic, history, and mental-state data on 53 dementia praecox cases and 134 manic-depressive insanity cases admitted to Kraepelin's University Psychiatric Clinic in Munich in 1908. The original data recorded by Kraepelin and his collaborators on special Zählkarten (counting cards) were rated and coded in terms of the Present State Examination (PSE) Syndrome Check List. The statistical analysis resulted in a high degree of replication of Kraepelin's clinical entities. However, the dichotomy of dementia praecox and manic-depressive insanity was not fully supported. The catatonic syndrome tended to occupy an intermediate position between the two major psychoses. The possibility is discussed that catatonia in Kraepelin's time shared certain clinical features with the later diagnostic groupings of schizoaffective disorder, cycloid psychoses, and other "atypical" forms of psychotic illnesses.

Bipolar Disorder↗

"On cyclic insanity" by Karl Ludwig Kahlbaum, MD: a translation and commentary.

Karl Ludwig Kahlbaum (1828-1899) spent most of his professional career as director of a private psychiatric sanatorium in Germany. He remains influential for introducing his "clinical method" (based on considering the course of an illness as well as the signs and symptoms) of differential diagnosis of specific psychiatric syndromes and urging abandonment of the more unitary views of psychotic disorders favored by the leading German academic theorists of his time. Kahlbaum's approach to nosology, detailed in an 1863 monograph and other works, strongly influenced Kraepelin's views. However, remarkably few of the important writings of this keen clinical observer are available in English translation. His seminal lecture-essay "On Cyclic Insanity" [Uber cyklisches Irresein] of 1882 is translated into English here for the first time, with comments about its place in the history of the evolution of the concept of bipolar disorder, including its position as a link between Falret's folie circulaire and Kraepelin's manic-depressive insanity.

Bipolar Disorder↗

Geographical distribution of insanity in America: evidence for an urban factor.

The geographic distribution of insanity and schizophrenia in the United States is examined for 9 separate years between 1880 and 1963. A concentration of these conditions in Northeastern and Pacific Coast States was remarkably consistent over the 83 years. States with a high prevalence rate had approximately three times more insanity and schizophrenia than those with a low prevalence rate. There is a direct regional correlation of insanity/schizophrenia with urbanization, which is consistent with previous studies. There is also a direct regional correlation of schizophrenia with socioeconomic status, which contradicts previous studies carried out in large cities in which the schizophrenic rates were inversely correlated with socioeconomic status. The apparent discrepancy can be explained by postulating that the direct regional correlations are due to correlations of urbanization and socioeconomic status (cities have higher mean incomes than rural areas) whereas, within a particular city, schizophrenia is more prevalent among lower socioeconomic groups because of drift and other factors. Social, stress and crowding, genetic, and biological factors are discussed as possible explanations for the urban factor associated with insanity/schizophrenia.

Cross-Sectional Studies↗

Getting out of the asylum: understanding the confinement of the insane in the nineteenth century.

This paper critically re-examines our assumptions about the social rule of asylums in the nineteenth century by separating the history of the confinement from the history of psychiatry. Rather than medical superintendents being central to the admission of patients, this paper will argue that control over confinement was predicated upon the desires of families to care for and control dependent and violent relatives. The confinement of the insane can thus be seen not as a consequence of a professionalizing psychiatric elite, but rather as a strategic response of households to the stresses of industrialization. The second part of this paper surveys changing approaches to the social history of the asylum and directs these techniques to a combination of institutional and non-institutional sources which will shed new light on the dynamic between informal patterns of family caring 'in the community' and formal medical treatment in purpose-built institutions. Having set out the methodological possibilities of using new types of admission records, the last section of this paper explores different approaches to the history of the family and applies them to the question of why the insane were confined. This will provide an analytical framework for understanding the interface between the family and the formal medical institution. Throughout, this paper draws on more than three dozen international studies to illuminate some comparative aspects of confinement in different national contexts.

Family Health↗

On being sane in insane places.

It is clear that we cannot distinguish the sane from the insane in psychiatric hospitals. The hospital itself imposes a special environment in which the meanings of behavior can easily be misunderstood. The consequences to patients hospitalized in such an environment-the powerlessness, depersonalization, segregation, mortification, and self-labeling-seem undoubtedly countertherapeutic. I do not, even now, understand this problem well enough to perceive solutions. But two matters seem to have some promise. The first concerns the proliferation of community mental health facilities, of crisis intervention centers, of the human potential movement, and of behavior therapies that, for all of their own problems, tend to avoid psychiatric labels, to focus on specific problems and behaviors, and to retain the individual in a relatively non-pejorative environment. Clearly, to the extent that we refrain from sending the distressed to insane places, our impressions of them are less likely to be distorted. (The risk of distorted perceptions, it seems to me, is always present, since we are much more sensitive to an individual's behaviors and verbalizations than we are to the subtle contextual stimuli that often promote them. At issue here is a matter of magnitude. And, as I have shown, the magnitude of distortion is exceedingly high in the extreme context that is a psychiatric hospital.) The second matter that might prove promising speaks to the need to increase the sensitivity of mental health workers and researchers to the Catch 22 position of psychiatric patients. Simply reading materials in this area will be of help to some such workers and researchers. For others, directly experiencing the impact of psychiatric hospitalization will be of enormous use. Clearly, further research into the social psychology of such total institutions will both facilitate treatment and deepen understanding. I and the other pseudopatients in the psychiatric setting had distinctly negative reactions. We do not pretend to describe the subjective experiences of true patients. Theirs may be different from ours, particularly with the passage of time and the necessary process of adaptation to one's environment. But we can and do speak to the relatively more objective indices of treatment within the hospital. It could be a mistake, and a very unfortunate one, to consider that what happened to us derived from malice or stupidity on the part of the staff. Quite the contrary, our overwhelming impression of them was of people who really cared, who were committed and who were uncommonly intelligent. Where they failed, as they sometimes did painfully, it would be more accurate to attribute those failures to the environment in which they, too, found themselves than to personal callousness. Their perceptions and behavior were controlled by the situation, rather than being motivated by a malicious disposition. In a more benign environment, one that was less attached to global diagnosis, their behaviors and judgments might have been more benign and effective.

Adult↗

The insanity of place.

This paper uses English examples to scrutinize the complex interrelations of insanity and place over the past three centuries, taking as its starting point the late Erving Goffman's paper of the same title. From eighteenth-century Bedlam and the emerging trade in lunacy, through the county asylums and licensed madhouses of the nineteenth century to the return of the the mentally ill to the 'community' in the last half of the twentieth century, the place occupied by insanity has varied sharply, symbolically as well as concretely. These various techniques of containment and damage limitation must be understood as a response to the threats, symbolic and practical, that serious mental illness poses to the social order, at both the micro- and macroscopic levels of analysis.

Geography↗

Phthisical insanity by T.S. Clouston.

The history of the relationship between tuberculosis and insanity has been neglected. This is surprising, for during the nineteenth century it was subject to an important medical and cultural debate and gave rise to a style of analysis which has been used ever since to study the clinical phenomenon of 'disease-coexistence' (rebaptized 'comorbidity' during the 1970s). Triggered by a perceived increase in the prevalence of tuberculosis and insanity, the debate centered around the meaning and mechanisms of disease-coexistence, techniques which may be used to rule out fortuitous associations, the comparative relevance of epidemiological, congenital, genetic and environmental factors, and the clinical effects that the members of the disease pair may have on each other. The Classic Text reprinted below provides an adequate introduction to the main issues listed above.

History, 19th Century↗