By Matthew F. Shaw
Publication through Shaw, Matthew F.
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Additional info for After the Insanity Defense: When the Acquitted Return to the Community (Criminal Justice: Recent Scholarship)
It is possible that the events that led to revocation would have led to arrest had the acquittee not been in the conditional release program. In other words, it may be that conditionally and unconditionally released acquittees are committing comparable acts but simply being tracked along different pathways. However, Wiederanders concludes that hospitalization most likely serves some type of preventive function.
Methodological Issues Construct Validity Insanity is a legal term. 102 An insane person meets specific criteria defined by the state insanity statute. Therefore, even though these criteria resemble diagnostic criteria used by mental health professionals, the clinical implications of such a designation are vague. When examining insanity acquittees, what construct is being studied? 103 Even within the legal community, insanity means different things in different states. Since the federal government passed the Insanity Defense Reform Act in 1984, the criteria have become more standardized; however, there is still considerable variation.
G. offenders in general in the 1980s may have tended to be more 30 After the Insanity Defense recidivistic than in the 1970s). Assuming the results are reliable, the conditional release program did not appear to be successful in reducing the overall re-arrest rate though it may have reduced the proportion of violent re-offending. 50 Using stepwise discriminant procedures, they calculated structure coefficients for numerous variables identified as predictors of recidivism in the literature. 51).
After the Insanity Defense: When the Acquitted Return to the Community (Criminal Justice: Recent Scholarship) by Matthew F. Shaw