Myth

• Clever and wealthy defendants routinely fake insanity in order to get out of trouble

Fact

• It is unlikely that many criminal defendants attempt to "fake" insanity because it is very risky for any criminal defendant; all chances to plea bargain and contest material facts of the case are lost

Myth

• By using the insanity defense, the patently guilty are quickly released back into society to kill again; this is a problem that occurs almost all of the time
• The average American believes that 37 % of felony defendants raised a defense of insanity, and 16 % succeeded

Fact

• In a 1979 study, less than 1/2 of 1 % of felony defendants pled insanity; and only 1 in 21,012 studied were successful
• In 1978, 1,625 defendants found Not Guilty by Reason of Insanity were committed to mental hospitals; this is a small percentage compared to the > 1 million violent crimes that occurred in the United States.

Myth

• According to 1998 opinion polls, 90 % of Americans believe the insanity defense is overused and a ticket to freedom for murderers.

Fact

• An eight state study funded by the National Institute of Health found 1/2 of those pleading insanity were charged with nonviolent crimes such as property damage and minor felonies
• less than 15 % were charged with murder
• 25 % of Missouri insanity verdicts involved crimes such as auto theft, bad checks, and in one instance, the theft of a pen

Myth

• Killers deemed "Not Guilty by Reason of Insanity" ultimately are turned loose to pose a threat to society at large

Fact

• Persons successfully pleading insanity spend more time in a mental hospital than they would if found guilty and sentenced to jail

Myth

• The typical defendant using insanity is a cold-blooded murderer who kills numerous individuals knowing that he can later plead insanity to go free

Fact

• The typical "Not Guilty by Reason of Insanity" defendant is: (1) an abused wife driven to kill by years of physical abuse; or (2) a depressed individual who kills persons close to him (parents, child, lover)