I wonder, KGS, are you seriously proposing it as a possibility that Yates just decided to kill her children for some reason, made no effort to escape or deny having killed them, then managed to successfully fake being mentally ill, and is now congratulating herself for the success of her brilliant ploy, which has enabled her to get off scot free, except for almost certainly being locked up for the rest of her life? Does that *really * seem likely to you?
Dio, I certainly agree that the odds of anyone successfully faking psychosis are low, but you are mistaken in thinking that “brain scans” or any other objective clinical criteria are currently in use; that is still very experimental. But someone attempting to fake it would definitely have to go to a great deal of time and effort to learn how to successfully fool the various psychological tests that would be administered; not impossible, but certainly much more difficult than simply figuring out how to commit your murderswithout getting caught in the first place! And I should also point out to KGS that anyone who has committed a crime as serious as Yates’ is not going to have to fool just “some random shrink”, but a series of psychiatrists with extensive training and experience in forensic evaluations.
I generally believe strongly that people should not be held criminally responsible for actions taken while psychotic (and I think it is a shame that Andrea Yates probably never will be released, even though there is no reason to believe her psychosis will ever recur as long as she avoids having more children), but I found
AHunter3 's post extremely thought-provoking and am sorry that it seems to have been ignored. I, however, would need to see some evidence that abuse of the insanity defense is a widespread problem, or that publicized cases of the use of this defense negatively impact public perceptions of the mentally ill, before I would consider revising my opinion that the insanity defense is a reasonable and morally appropriate feature of the criminal justice system.
To keep some perspective, note that the insanity defense is raised in less than one percent of all criminal proceedings, is successful in only about one-quarter of those instances, and in 80% of the cases where it is successful, the case does not go to trial because the prosecution agrees not to contest the finding of insanity. Here is the American Psychiatric Association’s FAQ sheet on the insanity defense.
I note, incidentally, that in the state of Oregon, people found “guilty but insane” are placed under psychiatric supervision for a time not greater than the maximum sentence they could have received for their crime; they may be released to outpatient treatment if appropriate, but have no right to judicial appeal if their state-appointed psychiatrists decide to put them back into the hospital. This link has details and a general discussion of the issue.