When defendants rely on the insanity defense, they open up their entire psychological state to public scrutiny. Where a defendant is requesting that the judge or jury show leniency in the trial or sentencing because the defendant claims to be insane, the State (as representative of the general public) is entitled to examine thoroughly the basis for that request. Invariably the request is grounded in a defendant’s psychiatric, medical, and family history. Thus, the records of interviews with defendants, their family members, friends, associates, and doctors are all part of the inquiry into the defendant’s psychological state. As such, those records are made a part of the public record, and can be used by the prosecution or the defense in support of or in opposition to the defendant’s position. Thus they are in the public domain.
Actual names of defendants were used in this book where the defendant’s insanity defense or clemency appeal was part of the public record. Pseudonyms, and changes in geographic locale, were used in a limited number of instances, such as cases involving juvenile defendants, or in instances when I felt that privacy interests needed to be respected.
The case studies described in this book are true, and are based upon my own evaluations. In addition to my own records, I have, when available, consulted the public record, including police reports, newspaper accounts, defendants’ statements, witnesses’ statements, psychiatric and medical records, and reports of other examiners.