An outline of Powell v. State is provided to demonstrate the effect of the use of insanity pleas in sentencing hearings to establish future dangerousness. If the defendant pleas insanity as a defense and presents that evidence during the guilt phase of the trial, he or she waives the right against self-incrimination. Waiver becomes problematic when there are issues as to voluntariness of the waiver, proper notice, and right to counsel. Finally, an argument is made that the Supreme Court must definitively outline the effect of the insanity defense on the defendant's fifth and sixth amendment rights, and the court should limit psychiatric examinations to the determination of sanity at the time of the offense. 115 footnotes.