NCJ Number
59427
Journal
Journal of Forensic Sciences Volume: 24 Issue: 3 Dated: (JULY 1979) Pages: 663-672
Date Published
1979
Length
10 pages
Annotation
THE WORK OF TWO PSYCHIATRISTS, DR. STEADMAN AND DR. COCOZZA, IS EXAMINED CRITICALLY IN LIGHT OF THE 1966 SUPREME COURT DECISION IN BAXTROM V. HEROLD.
Abstract
INNUMERABLE ARTICLES CITE THE BAXTROM CASE AND THE SUBSEQUENT RELEASE OR TRANSFER OF CERTAIN GROUPS OF PATIENTS AS PROOF THAT PSYCHIATRISTS' PREDICTIONS OF DANGEROUS BEHAVIOR ARE INVALID. THE WORK FOR DR. STEADMAN AND DR. COCOZZA IS THE MOST FREQUENT REFERENCE CITED. IN THE BAXTROM DECISION, THE UNITED STATE SUPREME COURT HELD THAT A PRISON INMATE WHOSE TERM OF IMPRISONMENT IS ABOUT TO EXPIRE MAY NOT BE SUBJECTED TO A DIFFERENT STANDARD FOR COMMITMENT TO A MENTAL INSTITUTION THAN ANY OTHER CIVILLY COMMITTED INDIVIDUAL. THE BAXTROM CASE, AND OTHER RELATED CASES, HAS GIVEN RISE TO EXTENSIVE LITERATURE CONCERNED WITH BOTH THE ABILITY OF PSYCHIATRISTS TO PREDICT DANGEROUSNESS AND THE PARTICIPATION OF PSYCHIATRISTS IN SOCIAL CONTROL. SUBSEQUENT TO THE BAXTROM DECISION, THE NEW YORK DEPARTMENT OF MENTAL HYGIENE HIRED A SOCIOLOGIST, DR. STEADMAN, WHO WORKED WITH ANOTHER SOCIOLOGIST, DR. COCOZZA, TO STUDY THE CONSEQUENCES OF THE DECISION. THEIR WORK, CAREERS OF THE CRIMINALLY INSANE, IS THE PUBLISHED RESULT. THE THRUST OF THE WORK IS THAT THE BAXTROM PATIENTS (THOSE INMATES TRANSFERRED TO A CIVIL MENTAL HOSPITAL SUBSEQUENT TO THE BAXTROM DECISION) WERE VICTIMS OF PSYCHIATRIC 'CONSERVATISM' AND OF THE UNRELIABILITY OF PSYCHIATRIC PREDICTIONS OF DANGEROUS BEHAVIOR. IT IS ARGUED HERE THAT THE SOCIOLOGISTS' FINDINGS ARE FAULTY BECAUSE THEY GENERALIZE ABOUT PSYCHIATRY ON THE BASIS OF INFORMATION OBTAINED CONCERNING THE 967 BAXTROM PATIENTS. THEY ASSUME THOSE PRISONERS WERE TYPICAL PSYCHIATRIC PATIENTS. IN REALITY, ALL THE PATIENTS WERE CRIMINAL OFFENDERS WHO HAD DEVELOPED MENTAL ILLNESS; THEY CAN HARDLY BE CONSIDERED TYPICAL PSYCHIATRIC PATIENTS. FURTHERMORE, THE TREATMENT RECEIVED AT THE DANNEMORA STATE HOSPITAL IN NEW YORK WHERE THEY WERE COMMITTED HAD LITTLE, IF ANY, CONNECTION WITH PSYCHIATRY. IN ADDITION, STEADMAN AND COCOZZA APPEAR OBLIVIOUS TO THE FACT THAT CONVICTION FOR CRIMINAL BEHAVIOR CHANGES THE LEGAL STATUS OF AN INDIVIDUAL. THE DECISIONS INVOLVED IN PLACING THESE PATIENTS IN DANNEMORA WERE ADMINISTRATIVE NOT MADE BY PSYCHIATRISTS, AND WERE NOT CONSISTENT WITH PSYCHIATRIC PRINCIPLES. THEREFORE, CRITICISMS OF PSYCHIATRISTS BASED UPON THE DECISION ARE NOT VALID. REFERENCES ARE PROVIDED. (LWM)