Article Figures & Data
Tables
Please answer the following questions. In order to preserve research validity, please do not consult with texts, statutes, or colleagues prior to completing the survey. Please circle the best answer. If you do not know the answer, please guess. Which of the following most closely describes your occupation? 1. Prosecuting attorney 3. Judge 2. Public defense attorney 4. Private defense attorney How long have you been a prosecutor or defense attorney? 1. 0–3 years 3. 5–10 years 2. 3–5 years 4. >10 years How long have you been practicing law in general? 1. 0–3 years 3. 5–10 years 2. 3–5 years 4. >10 years Where did you attend law school? 1. Southeast United States 4. Southwest United States 2. Northeast United States 5. Western United States 3. Midwest United States 6. International degree Did you receive any instruction in law school about mental illness? 1. Yes 2. No Did you receive any instruction in law school about mental health law? 1. Yes 2. No Do you feel that your education about mental health issues was adequate? 1. Yes 2. No Have any of the following suffered from a severe mental illness, such as Schizophrenia, Bipolar Disorder (Manic Depression) or Major Depression? 1. You 3. Family member 2. Friend 4. None 5. Other (neighbor, coworker, etc.) How prevalent is mental illness among criminal defendants? 1. <5% 3. 15–25% 2. 5–15% 4. >25% How many cases have you prosecuted or defended that have involved an individual with mental illness? 1. No cases 3. 6–15 cases 2. 1–5 cases 4. >15 cases How many cases have you prosecuted or defended that involved a Not Guilty by Reason of Insanity (NGRI) defense or outcome? 1. No cases 3. 6—5 cases 2. 1–5 cases 4. >15 cases How many cases have you prosecuted or defended that involved a Guilty but Mentally ill (GBMI) plea or outcome? 1. No cases 3. 6–15 cases 2. 1–5 cases 4. >15 cases Which of the following is the correct definition of a delusion? 1. A false belief firmly held by the patient despite evidence to the contrary 2. A false sensory perception, such as seeing or hearing things that are not present 3. Impairment of thinking where a patient becomes disoriented to time, place, or events 4. A rapid succession of fragmentary thoughts or speech in which content changes abruptly Which of the following is the correct definition of psychosis? 1. A loss of contact with reality 2. Rapidly shifting mood states 3. Repetitive behaviors such as counting or hand washing 4. A loss of contact with reality; persistent and extreme elevation in mood Which of the following is the most severe and chronic mental illness? 1. Major depression 3. Schizophrenia 2. Bipolar disorder 4. Obsessive compulsive disorder South Carolina has two mental illness verdicts: Not Guilty By Reason Of Insanity (NGRI) and Guilty But Mentally Ill (GBMI). Please circle the best answer to the following questions involving these verdicts. What do you think the verdict Not Guilty by Reason of Insanity (NGRI) means? 1. The defendant has a severe mental illness and cannot stand trial. 2. The defendant had mental illness at the time of the crime. 3. The defendant who committed the crime had a mental illness that prevented him from understanding that what he did was wrong. 4. The defendant who committed the crime had a mental illness that prevented him from controlling his actions according to the law. What do you think the outcome of the Not Guilty By Reason Of Insanity (NGRI) verdict is for a serious felony such as murder, assault and battery with intent to kill, rape, etc? 1. The defendant goes home. 2. The defendant goes to prison. 3. The defendant goes to a psychiatric hospital for treatment and then is transferred to a prison when stable enough to complete his sentence. 4. The defendant goes to a psychiatric hospital for treatment and then is released to go home when determined not to be dangerous to self or others. What do you think the outcome of the Not Guilty by Reason of Insanity (NGRI) verdict should be for a serious felony such as murder, assault and battery with intent to kill, rape, etc? 1. The defendant goes home. 2. The defendant goes to prison. 3. The defendant goes to a psychiatric hospital for treatment and is transferred to a prison when stable enough to complete the sentence. 4. The defendant goes to a psychiatric hospital for treatment and is released to go home when determined not to be a danger to self or others. What do you think the verdict Guilty But Mentally Ill (GBMI) means? 1. The defendant has a severe mental illness and cannot stand trial. 2. The defendant had mental illness at the time of the crime. 3. The defendant who committed the crime had a mental illness that prevented him from understanding that what he did was wrong. 4. The defendant who committed the crime had a mental illness that prevented him from controlling his actions according to the law What do you think the outcome of the Guilty But Mentally Ill (GBMI) verdict is for a serious felony such as murder, assault and battery with intent to kill, rape, etc? 1. The defendant goes home. 2. The defendant goes to prison. 3. The defendant goes to a psychiatric hospital for treatment and is transferred to a prison when stable enough to complete the sentence. 4. The defendant goes to a psychiatric hospital for treatment and is released to go home when he is determined not to be a danger to self or others. What do you think the outcome of the Guilty But Mentally Ill (GBMI) verdict should be for a serious felony such as murder, assault and battery with intent to kill, rape, etc? 1. The defendant goes home. 2. The defendant goes to prison. 3. The defendant goes to a psychiatric hospital for treatment and is transferred to a prison when stable enough to complete his sentence. 4. The defendant goes to a psychiatric hospital for treatment and is released to go home when he is determined not to be a danger to themselves or others. Which of the following crimes/offenses would influence your decision to recommend an NGRI plea? 1. Felony offense with a >10-year potential sentence 2. Felony offense with a <10-year potential sentence 3. Misdemeanor offense 4. Makes no difference 5. Would never recommend Which of the following crimes/offenses would influence your decision to recommend a GBMI plea? 1. Felony offense with a >10-year potential sentence 2. Felony offense with a <10-year potential sentence 3. Misdemeanor offense 4. Makes no difference 5. Would never recommend In you opinion, should jurors be told the potential outcome of a verdicts such as Not Guilty By Reason of Insanity (NGRI) or Guilty But Mentally Ill (GBMI) before they have to decide the verdict in a case? 1. Yes 2. No Do you think that if jurors knew the outcome it would influence their decision? 1. Yes 2. No Do you think that a defendant found GBMI can receive the death penalty? 1. Yes 2. No Should the NGRI verdict be eliminated? 1. Strongly agree 4. Somewhat disagree 2. Somewhat agree 5. Strongly disagree 3. Neutral Should the GBMI verdict be eliminated? 1. Strongly agree 4. Somewhat disagree 2. Somewhat agree 5. Strongly disagree 3. Neutral I would rather defend or prosecute clients who do not have mental illness 1. Strongly agree 4. Somewhat disagree 2. Somewhat agree 5. Strongly disagree 3. Neutral What is your age? What is your sex (circle one)? Male Female Are you married (circle one)? Yes No Variable Data Age, years 26–73 (mean, 45.64) Gender Male 80 Female 20 Marital status Married 76 Unmarried 24 Current occupation Private defense attorney 57 Public defender 23 Prosecutor 17 Judge 3 Years in current job ≤3 10 4–5 12 6–10 20 >10 58 Mental illness instruction in law school Yes 26 No 74 Mental health law Instruction in law school Yes 17 No 83 Mental health instruction adequate Yes 15 No 83 Unknown 2 Personal experience with mental illness Self 5.6 Friend 35.8 Family 29.9 Other 8.6 None 31 Data are percentage of analyzed responses, unless stated otherwise. N = 255.
Experience Occurrence Prevalence of mental illness among defendants <5% 9 5–15% 29 15–25% 28 >25% 31 No answer 3 Number of cases involving mental illness None 4 1–5 cases 20 6–15 cases 18 >15 cases 58 Number of NGRI cases None 44 1–5 cases 44 6–15 cases 9 >15 cases 3 Number of GBMI cases None None 42 1–5 cases 44 6–15 cases 10 >15 cases 4 Data are percentages of respondent groups. N = 255.
- Table 4
Experience With Defendants with Mental Illness and Mental Health Defenses by Occupation
Experience Prosecutor (N = 43) Public Defender (N = 59) Private Defense Attorney (N = 144) Judge (N = 9) Total (N = 255) More than 15 cases with defendants with mental illness 52 83 53 33 59 Has used the NGRI defense in a case 64 87 44 33 56 Has tried or pleaded a case with a GBMI verdict 64 80 51 17 59 Data are percentages of respondent groups.
- Table 5
Correct Responses by Occupation, Regarding Mental Illness, Mental Illness Verdicts, and Dispositional Outcomes
Survey Item Prosecutor (N = 43) Public Defender (N = 59) Private Defense Attorney (N = 144) Judge (N = 9) Total (N = 255) Defined delusion 74 70 71 50 71 Defined psychosis 86 89 87 100 88 Identified schizophrenia as most severe mental illness 64 80 71 83 72 Identified legal definition of NGRI 83 74 74 99 76 Identified legal definition of GBMI 64 70 50 50 58 Identified dispositional outcome of NGRI 98 93 86 83 88 Identified dispositional outcome of GBMI 7 20 14 17 14 Identified that persons found GBMI could receive death sentence 52 78 56 5 59 Data are percentages of respondent groups.
Opinion Prosecutor (N = 43) Public Defender (N = 59) Private Defense Attorney (N = 144) Judge (N = 9) Total (N = 255) Would rather defend, prosecute, or judge defendants who do not have mental illness 69 43 47 50 50 The NGRI verdict should be eliminated 50 11 18 50 23 The GBMI verdict should be eliminated 38 33 40 50 38 Data are percentages of respondent groups.
