INSANITY DEFENSE IN OPERATION - A PRACTICING PSYCHIATRIST VIEWS DURHAM AND BRAWNER (FROM CRIMINAL JUSTICE SYSTEM REVIEW, 1974 BY JON S SCHULTZ AND JON P THAMES - SEE NCJ-30751)

• NCJ Number: 30766
• Author(s): D D PUGH
• Date Published: 1974
• Length: 22 pages
• Corporate Author: William S Hein and Co, Inc
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

WRITTEN BY A PRACTITIONER OF FORENSIC PSYCHIATRY, THIS ARTICLE DESCRIBES THE PROBLEMS OF THE INSANITY DEFENSE AND CRIMINAL COMMITMENT AS THEY APPEAR TO A PSYCHIATRIST IN A HOSPITAL FOR THE CRIMINALLY INSANE.

Abstract

THE JUDICIAL PROCEDURES FOR THE DETERMINATION OF SANITY ARE OUTLINED. THE AUTHOR THEN DISCUSSES THE SANITY TEST AS A PROGNOSTIC TEST AND THE RELIABILITY AND VALIDITY OF SANITY TESTS. SPECIFIC PROBLEMS WHICH AFFECT THE VALIDITY OF THE SANITY TESTS - MALINGERING AND THE LACK OF DEFINITION OF 'MENTAL DISEASE' - ARE ALSO EXAMINED. THE AUTHOR DISCUSSES ISSUES IN THE ABOLITION OF THE INSANITY DEFENSE, AND CONCLUDES THAT THIS DEFENSE SHOULD BE ABOLISHED. HE MAINTAINS THAT DECISIONS CONCERNING THE MENTAL STATUS OF THE DEFENDANT SHOULD BE PART OF THE PRESENTENCING EVALUATION AND OUGHT NOT TO PRECEDE THE VERDICT. (AUTHOR ABSTRACT MODIFIED)