Pattern of utilization of the insanity plea in Nigeria: An empirical analysis of reported cases

There is dearth of information about the pattern of utilization of the insanity plea in Nigeria and the factors associated with its successful adoption. This enquiry is important in order to bridge the gap in existing knowledge on the subject in Nigeria and possibly other parts of Africa. Using a ma...

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Main Authors: A. Ogunwale, O. Oluwaranti
Format: Article
Language:English
Published: Elsevier 2020-11-01
Series:Forensic Science International: Mind and Law
Subjects:
Online Access:http://www.sciencedirect.com/science/article/pii/S2666353820300035
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author A. Ogunwale
O. Oluwaranti
author_facet A. Ogunwale
O. Oluwaranti
author_sort A. Ogunwale
collection DOAJ
description There is dearth of information about the pattern of utilization of the insanity plea in Nigeria and the factors associated with its successful adoption. This enquiry is important in order to bridge the gap in existing knowledge on the subject in Nigeria and possibly other parts of Africa. Using a manual search of all reported judgments from appeal cases since 1948, thirty-four cases adopting the insanity plea were obtained. The rate of plea success was 26.5% (n = 9) with most defendants being males. Psychotic disorders were most commonly diagnosed (5/11, 45.5%) among the defendants. The main ingredient of plea success was either loss of capacity to control action or understand conduct. Limb 1 (Cramer's V = 0.57, p = 0.007) and unfamiliarity with the victim (Cramer's V = 0.44, p = 0.036) were very strongly associated with a Not guilty By Reason of Insanity (NGBRI) verdict. This study concludes that the insanity plea is successful in a modest number of cases. The crime, plea and defendant characteristics provide guidance for defendants seeking to adopt the plea and offer mental health experts valuable insight into the relevant medico-legal information in the expert opinion that may avail an accused person an effective insanity defence where morally justified.
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spelling doaj.art-dfe6070cbab74af5bdd9aaeee1ac58c72022-12-21T22:21:04ZengElsevierForensic Science International: Mind and Law2666-35382020-11-011100010Pattern of utilization of the insanity plea in Nigeria: An empirical analysis of reported casesA. Ogunwale0O. Oluwaranti1Forensic Unit, Dept. of Clinical Services, Neuropsychiatric Hospital, Aro, Abeokuta, Nigeria; Forensic Research Group, Institute of Psychiatry, Psychology & Neuroscience, King's College, London, United Kingdom; Corresponding author. Forensic Unit, Dept. of Clinical Services, Neuropsychiatric Hospital, Aro, Abeokuta, Nigeria.Forensic Unit, Kingsway Hospital, Derby, United KingdomThere is dearth of information about the pattern of utilization of the insanity plea in Nigeria and the factors associated with its successful adoption. This enquiry is important in order to bridge the gap in existing knowledge on the subject in Nigeria and possibly other parts of Africa. Using a manual search of all reported judgments from appeal cases since 1948, thirty-four cases adopting the insanity plea were obtained. The rate of plea success was 26.5% (n = 9) with most defendants being males. Psychotic disorders were most commonly diagnosed (5/11, 45.5%) among the defendants. The main ingredient of plea success was either loss of capacity to control action or understand conduct. Limb 1 (Cramer's V = 0.57, p = 0.007) and unfamiliarity with the victim (Cramer's V = 0.44, p = 0.036) were very strongly associated with a Not guilty By Reason of Insanity (NGBRI) verdict. This study concludes that the insanity plea is successful in a modest number of cases. The crime, plea and defendant characteristics provide guidance for defendants seeking to adopt the plea and offer mental health experts valuable insight into the relevant medico-legal information in the expert opinion that may avail an accused person an effective insanity defence where morally justified.http://www.sciencedirect.com/science/article/pii/S2666353820300035PatternInsanityPleaCasesNigeriaDefence
spellingShingle A. Ogunwale
O. Oluwaranti
Pattern of utilization of the insanity plea in Nigeria: An empirical analysis of reported cases
Forensic Science International: Mind and Law
Pattern
Insanity
Plea
Cases
Nigeria
Defence
title Pattern of utilization of the insanity plea in Nigeria: An empirical analysis of reported cases
title_full Pattern of utilization of the insanity plea in Nigeria: An empirical analysis of reported cases
title_fullStr Pattern of utilization of the insanity plea in Nigeria: An empirical analysis of reported cases
title_full_unstemmed Pattern of utilization of the insanity plea in Nigeria: An empirical analysis of reported cases
title_short Pattern of utilization of the insanity plea in Nigeria: An empirical analysis of reported cases
title_sort pattern of utilization of the insanity plea in nigeria an empirical analysis of reported cases
topic Pattern
Insanity
Plea
Cases
Nigeria
Defence
url http://www.sciencedirect.com/science/article/pii/S2666353820300035
work_keys_str_mv AT aogunwale patternofutilizationoftheinsanitypleainnigeriaanempiricalanalysisofreportedcases
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