Predicting criminal recidivism of insanity acquittees.

Abstract

At a time when the public media, legislators, and professionals express intense concern regarding the subsequent antisocial behavior of persons adjudicated insane, it is surprising that few studies exist that address this problem. Of these, some report a relatively high rate of criminal recidivism following the insanity adjudication. Others report a low rate. In a follow-up study of 44 Missouri acquittees, Morrow and Peterson (1966) found that 37% had been convicted of at least one felony 3 years subsequent to hospital discharge. This rate was comparable to the 35% recidivism found for a federal prison sample. All new offenses were serious enough to be classified as felonies. Most recidivists were found to repeat their original offense. The new offenses included assaults, child molestations, and “economic” offenses. Spodak, Silver, & Wright (1984) in a report upon 86 males adjudicated “not guilty by reason of insanity” (NGRI) and hospitalized in Maryland from August, 1967-June, 1976, and followed until mid 1982, noted that 48 (56%) experienced a subsequent arrest. Of 130 arrests, 47% resulted in convictions. The actual number of subjects convicted is not reported. Only the charges leading to conviction were reported, which included both misdemeanor’s (e.g., disorderly conduct, breaking and entering) and felonies (e.g., assault, rape, burglary, murder). In New York, Pasewark and associates conducted two studies that compared posthospitalization arrests of insanity acquittees with those of felons who had pled guilty to the same criminal charge and were imprisoned. The initial study (Pantle, Pasewark, & Steadman, 1980) comprised 46 individuals found insane from 1965-1971 and matched felons. During this period, acquittees were hospitalized in a facility administered by the Department of Corrections. At the time of study termination in 1976, 30 male and 4 female acquittees had been discharged from hospital. Nine (24%) had incurred a total of 30 posthospitalization arrests. Most of these arrests were for felonies, such as assault, rape, robbery, and murder. Of the 37 matched felons who had been released from imprisonment, 10 (27%) incurred 15 subsequent arrests. All arrestees in both