DEMYTHOLOGIZING INACCURATE PERCEPTIONS OF THE INSANITY DEFENSE

Public opinion data show that the most prevalent concern expressed reg arding the insanity defense is that it is a loophole through which wou ld-be criminals escape punishment for illegal acts. This article exami nes the extent to which the public's perceptions of the insanity defen se are consistent with newly collected empirical data. Specifically, i t compares perceptions of the use, success, and outcomes associated wi th the insanity defense to data derived from a large-scale study of in sanity pleas in eight states. The analysis reveals that the public ove restimates the use and success of an insanity defense and underestimat es the extent to which insanity acquittees are confined upon acquittal . The role of selective media reporting in the formation of public per ceptions is discussed.