Table 1

The Survey

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 attorney3. Judge
    2. Public defense attorney4. Private defense attorney
How long have you been a prosecutor or defense attorney?
    1. 0–3 years3. 5–10 years
    2. 3–5 years4. >10 years
How long have you been practicing law in general?
    1. 0–3 years3. 5–10 years
    2. 3–5 years4. >10 years
Where did you attend law school?
    1. Southeast United States4. Southwest United States
    2. Northeast United States5. Western United States
    3. Midwest United States6. International degree
Did you receive any instruction in law school about mental illness?
    1. Yes2. No
Did you receive any instruction in law school about mental health law?
    1. Yes2. No
Do you feel that your education about mental health issues was adequate?
    1. Yes2. No
Have any of the following suffered from a severe mental illness, such as Schizophrenia, Bipolar Disorder (Manic Depression) or Major Depression?
    1. You3. Family member
    2. Friend4. 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 cases3. 6–15 cases
    2. 1–5 cases4. >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 cases3. 6—5 cases
    2. 1–5 cases4. >15 cases
How many cases have you prosecuted or defended that involved a Guilty but Mentally ill (GBMI) plea or outcome?
    1. No cases3. 6–15 cases
    2. 1–5 cases4. >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 depression3. Schizophrenia
    2. Bipolar disorder4. 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 agree4. Somewhat disagree
    2. Somewhat agree5. Strongly disagree
    3. Neutral
Should the GBMI verdict be eliminated?
    1. Strongly agree4. Somewhat disagree
    2. Somewhat agree5. Strongly disagree
    3. Neutral
I would rather defend or prosecute clients who do not have mental illness
    1. Strongly agree4. Somewhat disagree
    2. Somewhat agree5. Strongly disagree
    3. Neutral
What is your age?
What is your sex (circle one)?MaleFemale
Are you married (circle one)?YesNo