The show begins as host, Dr. Fred Goodwin, gives his thoughts on the insanity defense. He recalls the so-called “twinkie defense,” in which Dan White was declared not-guilty by reason of insanity for the murders of Harvey Milk and San Francisco mayor, George Moscone. Despite the lore of this defense, which blamed White’s instability partially on the sugar he consumed in a junk-food binge, Dr. Goodwin says that, in reality, an insanity acquittal is very difficult to get.
Next, Dr. Goodwin is joined by Richard Bonnie, professor of law at the University of Virginia, and Dr. Phil Resnick, a professor of psychiatry at Case Western University. Professor Bonnie says that insanity defenses are attempted in only about one percent of felony trials. Not all people who are mentally ill at the time of the crime get the insanity defense, he says. Instead, the standard is that their mental illness must have caused them to be unable to understand the consequences of their actions at the time of the crime. Afterwards, in order to stand trial, they must be declared mentally competent.
Even those who fit both these criteria are nevertheless unsuccessful in their insanity pleas. Dr. Resnick, who has consulted on numerous insanity defense cases, mentions that Jeffrey Dahmer, who ate his victims, and millionaire John Dupont, were both unsuccessful in their insanity pleas, though most people would agree they were mentally ill at the time of their crimes.
Richard Bonnie can be contacted at rbonnie@law5.law.virginia.edu, and Dr. Phil Resnick can be reached at Pxr5@cwru.edu.
We then hear a report on life after the insanity defense in the state of Connecticut. Reporter Sharon Lerner visits Connecticut Valley Hospital, where most people acquitted of insanity in Connecticut spend at least some time. There, we hear from some of the 183 people who are subject to the oversight of the state’s Psychiatric Review Board, including Ron, Jennifer and Bill. The board was formed after a backlash against the insanity defense swept the country in the wake of John Hinckley’s acquittal of shooting Ronald Reagan and is considered somewhat conservative in its handling of acquittals. Although the average length of commitment is more than 40 years, the board extends the length of oversight for one out of three people acquitted by reason of insanity. The piece ends with Bill, who was acquitted of assault by reason of insanity, and says that being under the supervision of the board “is a tough row to hoe.”
Finally, we hear from commentator John Hockenberry, who questions the sanity of the entire legal system in light of the confusion that followed the presidential election.
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