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Community Standards of Criminal Liability and the Insanity Defense

Community Standards of Criminal Liability and the Insanity Defense Two experiments (N = 71) compare lay standards of insanity to standards incorporated in American legal codes. In Experiment 1, case vignettes provided only legally relevant information about defendants’ degrees of impairment in cognition or in behavioral control. Respondents’ judgments of criminal liability or not guilty by reason of insanity (NGRI) reflected an exculpatory standard of substantial impairment in both cognition and control. In Experiment 2, case vignettes provided realistic information about defendants’ psychiatric diagnoses; respondents had to infer levels of cognitive and control impairment. Results showed that respondents made highly idiosyncratic inferences based on diagnostic categories, but once made, these inferences predicted NGRI judgments. Implications of the concordance between laypeople’s rules for assigning NGRI verdicts and the rules used in American legal codes are discussed. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Law and Human Behavior American Psychological Association

Community Standards of Criminal Liability and the Insanity Defense

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References (28)

Publisher
American Psychological Association
Copyright
Copyright © 1995 American Psychological Association
ISSN
0147-7307
eISSN
1573-661X
DOI
10.1007/BF01499336
Publisher site
See Article on Publisher Site

Abstract

Two experiments (N = 71) compare lay standards of insanity to standards incorporated in American legal codes. In Experiment 1, case vignettes provided only legally relevant information about defendants’ degrees of impairment in cognition or in behavioral control. Respondents’ judgments of criminal liability or not guilty by reason of insanity (NGRI) reflected an exculpatory standard of substantial impairment in both cognition and control. In Experiment 2, case vignettes provided realistic information about defendants’ psychiatric diagnoses; respondents had to infer levels of cognitive and control impairment. Results showed that respondents made highly idiosyncratic inferences based on diagnostic categories, but once made, these inferences predicted NGRI judgments. Implications of the concordance between laypeople’s rules for assigning NGRI verdicts and the rules used in American legal codes are discussed.

Journal

Law and Human BehaviorAmerican Psychological Association

Published: Oct 1, 1995

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