NCJ Number
52375
Date Published
1978
Length
12 pages
Annotation
THE CONCEPT OF CRIMINAL RESPONSIBILITY, THE FUNCTION AND FORMS OF PSYCHIATRIC DIVERSION IN THE CRIMINAL JUSTICE SYSTEM, AND THE NEED TO RESTRUCTURE THE RELATIONSHIP BETWEEN PSYCHIATRY AND THE LAW ARE DISCUSSED.
Abstract
CRIMINAL RESPONSIBILITY HAS TO DO WITH A PARTICULAR KIND OF RELATIONSHIP BETWEEN AN OFFENDER AND SOCIETY. IT IS A SERIOUS MISTAKE TO THINK THAT CRIMINAL RESPONSIBILITY IS A TRAIT OR QUALITY THAT CAN BE DETECTED BY OBSERVING AN OFFENDER. THE CONCEPT REFERS NOT ONLY TO THE OFFENDER BUT ALSO TO SOCIETY'S RIGHT TO PUNISH THE OFFENDER; CRIMINAL RESPONSIBILITY IS ESSENTIALLY SYNONYMOUS WITH 'PUNISHABILITY.' PSYCHIATRISTS AND LAWYERS HAVE LONG MAINTAINED THAT THERE ARE TWO CLASSES OF HUMAN BEINGS--THE SANE AND THE INSANE--AND THAT THE FORMER ARE RESPONSIBLE FOR THEIR ACTIONS AND THE LATTER ARE NOT. THIS PROPOSITION HAS INCREASINGLY AFFECTED THE ADMINISTRATION OF CRIMINAL LAW, ONE RESULT BEING THAT PSYCHIATRIC DIVERSION IS A REGULAR FEATURE OF LAW ENFORCEMENT IN THE UNITED STATES. THE FORMS OF PSYCHIATRIC DIVERSION ARE SEVERAL: CIVIL COMMITMENT; PRETRIAL EXAMINATION OF AN ACCUSED PERSON; DECLARATION THAT A DEFENDANT IS PSYCHIATRICALLY UNFIT TO STAND TRIAL, FOLLOWED BY COMMITMENT OF THE DEFENDANT AS CRIMINALLY INSANE; THE INSANITY PLEA AND THE INSANITY VERDICT; AND THE IMPOSITION OF COERCED PSYCHIATRIC OUTPATIENT TREATMENT IN LIEU OF PROSECUTION OR SENTENCING. PSYCHIATRIC DIVERSION PROVIDES A MECHANISM THAT SIMULTANEOUSLY ALLAYS CITIZENS' GUILT WITH REGARD TO PUNISHING CERTAIN ACTS AND ACTORS, AND SATISFIES CITIZENS' NEED FOR SECURITY BY DEPRIVING CERTAIN ACTS OF THEIR LEGITIMACY AND CERTAIN ACTORS OF THEIR LIBERTY. THE MECHANISM HAS NOTHING TO DO WITH MENTAL DISEASE; IT IS A MATTER OF PSYCHOSOCIAL UTILITY. PSYCHIATRY DEALS MORE WITH DEVIANCE THAN WITH DISEASE, AND ITS INTERVENTIONS ARE SOCIAL CONTROLS RATHER THAN MEDICAL CURES. IN SHORT, PSYCHIATRY IS A DISCIPLINE MORE LIKE RELIGION THAN SCIENCE. AS CHURCH AND STATE ARE SEPARATE, PSYCHIATRY AND STATE SHOULD ALSO BE SEPARATE. LAWYERS AND JUDGES CAN NEITHER CALL ON THE CLERGY TO TESTIFY ABOUT THE SPIRITUAL CONDITION OF A PERSON ACCUSED OF A CRIME NOR SENTENCE A CRIMINAL TO IMPRISONMENT IN AN INSTITUTION RUN BY THE CLERGY. LAWYERS AND JUDGES SHOULD NOT BE ABLE TO CALL ON PSYCHIATRISTS AND PSYCHOLOGISTS TO ATTEST TO THE MENTAL CONDITION OF AN ACCUSED PERSON OR TO SENTENCE AN OFFENDER TO IMPRISONMENT IN AN INSTITUTION RUN BY CLINICIANS. SUCH A POLICY IS NECESSARY TO ELIMINATE THE ABUSES OF COERCIVE AND DECEPTIVE PSYCHIATRIC AND PSYCHOLOGICAL INTERVENTIONS IMPOSED ON PERSONS WHO BECOME CAUGHT UP IN THE CRIMINAL JUSTICE SYSTEM. IF PSYCHIATRY AND THE STATE WERE SEPARATE, THEN GENUINELY VOLUNTARY PSYCHIATRIC INTERVENTION FOR THE BENEFIT OF OFFENDERS MIGHT BE POSSIBLE. A LIST OF REFERENCES IS INCLUDED. (LKM)