This paper presents a descriptive profile of clients placed on Conditional Release in New York State between September 1980 and September 1987 (N = 331). Data on the client's sociodemographic characteristics, prior mental health history, prior criminal justice history, and target offense are presented, as well as information on the conflicts faced by the primary therapists working with this population.
We studied effects of guilty but mentally ill (GBMI) legislation on use of the insanity defense in Georgia using data on all defendants entering an insanity plea before (1976-1981) and after (1982-1985) the introduction of the GBMI verdict. In contrast to earlier studies, our results indicated that GBMI did decrease the likelihood of an insanity verdict and affected the composition of those found not guilty by reason of insanity. Defendants pleading insanity and found GBMI were typically white males with a serious mental disorder, charged with murder or robbery in which an unrelated female victim was involved. The data also indicated that defendants who pleaded insanity and were found GBMI received harsher sentences than their guilty counterparts. We conclude that the GBMI verdict will make the insanity plea a less appealing option for mentally ill defendants.
Although the reform had no direct effects on the use of the insanity defense, the authors hypothesize that an indirect change in criminal sentencing practices led to a decrease in the number and rate of insanity pleas and acquittals.
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