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Insanity Defense in Massachusetts

NCJ Number
96447
Author(s)
B F Phillips; J A Hornik
Date Published
Unknown
Length
61 pages
Annotation
The length of stay for persons determined not guilty by reason of insanity (NGI) and for offenders sentenced to State and county correctional facilities in Massachusetts is compared for the years 1978, 1980, and 1982.
Abstract
Data were obtained from individual records from the departments of mental health, correction, and probation. Information was obtained on 166 persons who were found not guilty by reason of insanity of criminal charges, on 522 persons found guilty of 1 of 4 major offenses who were sentenced to a State correctional facility, and on 203 persons found guilty of 1 of these some 4 offenses who were sent to a county correctional facility. Most NGI offenders (91.6 percent) and white (81.9) percent, with a mean age of 32.8; in contrast, 69.8 percent of the State prisoners were white. Data suggest that the NGI population is older and more likely to be white than the prison population. Further, murderers represent a very small proportion (4.8 percent) of the NGI population; more than half (57.1 percent) of NGI offenders committed crimes against persons, including assault and battery, rape, robbery, and kidnapping. Less than 1 percent of all persons who were determined to have committed a crime and were subsequently institutionalized were found not guilty by reason of insanity. NGI offenders with serious disorders such as schizophrenia, paranoia, and organic brain syndrome were hospitalized an average of 309 days, compared with an average of 200 days for those with less serious disorders such as neuroses. NGI's were detained for significantly shorter lengths of stay than those sent to State prisons, but for longer periods than those sent to county correctional facilities. Data do not support the contention that the insanity defense is used successfully to avoid incarceration for murder or other serious offenses. Thirteen references and 18 tables are included.