After the Insanity Defense: When the Acquitted Return to the by Matthew F. Shaw

By Matthew F. Shaw

Publication via Shaw, Matthew F.

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Extra resources for After the Insanity Defense: When the Acquitted Return to the Community (Criminal Justice: Recent Scholarship)

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106 At the heart of these assessments is the attempt to translate insanity into clinically meaningful criteria and diagnoses. Until such a translation occurs, it is difficult to assess the validity of the insanity construct for mental health professionals. 44 After the Insanity Defense External Validity Small Sample Sizes and Low Base Rates. The majority of NGRI recidivism studies in the present review used less than 90 subjects. If one estimates that 20% of a 90 person sample would be re-arrested in a three year period, the recidivistic group would consist of 18 persons.

Therefore, it is possible they received outpatient treatment; however, such treatment was not mandated. 3%) recidivated. There were no statistically significant clinical or 50 After the Insanity Defense demographic differences between the groups. Therefore, the researchers concluded that the unconditionally released acquittees were more than four times as likely to be rearrested. The durability of such reductions has not been studied sufficiently however. 2%) were re-arrested while participating in Oregon’s conditional release program.

Offenders in general in the 1980s may have tended to be more 30 After the Insanity Defense recidivistic than in the 1970s). Assuming the results are reliable, the conditional release program did not appear to be successful in reducing the overall re-arrest rate though it may have reduced the proportion of violent re-offending. 50 Using stepwise discriminant procedures, they calculated structure coefficients for numerous variables identified as predictors of recidivism in the literature. 51). In two prior studies,51 prior arrests were associated with increased likelihood of criminal recidivism.

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