Is the insanity defense a “get-out-of-jail-free card? Many people, crime victims included, think this is so. Who can blame them? Mass media, sensationalized news stories and other sources of misinformation dramatize this fallacy.
The Reality
The default position of most criminal justice jurisdictions is of sanity, not insanity. The defendant shoulders the responsibility to prove they were insane at the time they allegedly committed the crime. And even if this hurdle can be shown, it does not automatically disqualify them from criminal prosecution. The court often requires them to undergo “restorative” treatment instead of jail time for a length of time determined at the discretion of the judge (in consultation with mental health staff). They are not simply free to go.
In truth, less than 1% of criminal defendants plead insanity in the U.S., and, of those, 75% of the time they lose their case. Another way of saying this is that the insanity defense is successful about 30 times a year across the country. Those are very long odds.
When the Insanity Defense Succeeds
Mental illness renders someone to behave illogically, erratically, and without insight. The reason we have the insanity defense is to recognize that a minority of people cannot distinguish right from wrong, cannot understand the charges against them, and are incapable of cooperating with their attorney on their own behalf.
When the insanity defense is properly used it safeguards the community from a person who functions much below the standard for adults. It also provides an avenue for them to get needed treatment.
Example: John Hinckley Jr.
John Hinckley, Jr. went to trial for attempting to kill President Ronald Reagan when he was in his early 20s.
In 1976 Hollywood released the movie Taxi Driver. Hinckley watched it 15 times and fantasized about the main character, Jodie Foster. He imagined being the taxi driver who rescued her and even began to mimic the character’s mannerisms and dress. Hinckley then developed delusions of being in a romantic relationship with the actress. This was accompanied by drinking excessively and developing a fascination with guns.
Hinckley was failing as an aspiring songwriter and eventually left Los Angeles by bus in 1977. He grew depressed and began to isolate. He purchased his first gun in 1979. He played “Russian Roulette” twice and even took a photo of himself doing so.
Hinckley convinced his parents to fund a writing class at Yale but used the money to travel to Connecticut to win the love of Jodie Foster. He believed he could prove his devotion by killing a president and sacrificing his freedom. He came within twenty feet of President Carter but changed his mind.
Out of funds, Hinkley returned to Colorado to see his parents. They expressed disappointment and worry over his lack of direction. He attempted suicide via overdose. He fantasized about killing himself on the very spot where John Lennon was assassinated. On New Year’s Eve of 1980 Hinckley recorded a wandering monologue about not “really wanting” to harm Jodie Foster. In part, it stated: “John Lennon is dead. The world is over. I think about Jodie all the time. Jodie and John were sorta binded together.”
On March 29, 1981, Hinckley traveled to Washington D.C. where Reagan was scheduled to speak to a labor convention at the Hilton Hotel. Hinckley took Valium to calm himself and loaded his twenty-two. He wrote a letter to Jodie Foster just before he left. In part, he wrote he “would abandon this idea of getting Reagan in a second if I could only win your heart and live out the rest of y life with you, whether it be in total obscurity or whatever. I will admit to you that the reason I’m going ahead with this attempt now is because I just cannot wait any longer to impress you.“
At 1:30 p.m. Hinckley took a cab through the light rain to the Hilton Hotel. At 2:25 p.m. Reagan left the building and started to board his limousine. Hinckley called out his name. As the president turned toward the voice, Hinckley emptied six bullets in rapid succession. In the process, he severely injured press secretary James Brady. He shot policeman Thomas Delahanty in the back. The third hit a building. A fourth shot struck Secret Service agent Timothy McCarthy in the chest. The fifth hit the bullet-proof glass of the vehicle. The final bullet nearly killed the president as it punctured his lung and narrowly missed his heart.
Hinckley was apprehended and taken to a federal penitentiary in Butner, North Carolina. Over the next four months, he was psychiatrically examined. The opinions were divided on whether or not he understood the illegality of his actions. While experts debated his fate he attempted suicide by hanging himself in his cell window.
Hinckley insisted that his lawyers get Jodie Foster to testify. She responded with a videotaped statement that angered Hinckley. In open court, he hurled a pen at the television monitor and threatened her. When Hinckley’s love letters were read in open court he bolted out of the courtroom but was captured by federal marshals.
During the closing argument, Hinckley wept at the defense table. He was acquitted by reason of insanity on June 21, 1982, and transferred to St. Elizabeth’s Hospital in Washington. The judge ruled he could be released once he could prove he was no longer a threat to himself or others.
Years later, after two weekend visits with his parents, he was ordered released in July 2016. He’d been confined for 34 years.
Sample Sentences for First-Degree Murder
In the event Hinckley had not been found incompetent to stand trial, he would have faced criminal court for first-degree murder. Sentences for first-degree murder vary, based on the specific circumstances and the state where the crime was committed.
Here are examples of possible sentences for first-degree or aggravated murder. (Aggravated factors can include lying in wait to ambush the victim).
- Arizona: Life imprisonment or death for aggravating factors
- California: 25 years to life in prison, life in prison without parole, or death with aggravating factors
- Florida: Life in prison without parole or death
- Illinois: 20 to 60 years in prison without parole, up to life without parole with aggravating factors
- New York: 20 to 25 years in prison or life in prison without parole
- New Jersey: 30 years to life
- Texas: Life in prison without parole or death
- Washington, D.C.: 30 to 60 years or life without parole
- Washington State: 20 years with parole
Bear in mind, that actual time served in state prisons does not exactly match sentences given in court. Generally, states with higher than average penalties also have higher than average time served rates. There is “back-end release discretion.” This is a mechanism where an incarcerated person can have a maximum sentence reduced, including discretionary parole release, clemency, and sentence credit discounts. Mitigating factors to reduce a sentence are factors like age, physical health, proportion of time served, conduct behind bars, crowding, and changes in laws.
Bottom line: A life sentence doesn’t always mean life.
After his release, Hinckley lived with his mother in a gated community. Conditions of his release consisted of never owning a firearm, being prohibited from consuming drugs or alcohol, and never contacting Jodie Foster, his victims, or their families ever again. He spends his time writing music but has never been a commercial success. Today he has a social media account on X with more than 90,000 followers.
St. Elizabeth Psychiatric Hospital, Washington D.C.
For more information on how to write a Victim Impact Statement click on this link: https://jancantyphd.com/victim-impact-statement-vis-from-a-homicide-co-victim/
