NCJ Number
55064
Journal
International Journal of Comparative and Applied Criminal Justice Volume: 1 Issue: 2 Dated: (FALL 1977) Pages: 173-179
Date Published
1977
Length
7 pages
Annotation
THE CONCEPT OF CRIMINAL INSANITY IS DISCUSSED, AND IMPLICATIONS OF LEGAL INTERPRETATIONS OF THE MEDICAL DIAGNOSIS OF INSANITY FOR SOCIAL CONTROL, INCARCERATION AND PUNISHMENT ARE ANALYZED.
Abstract
BOTH JURISTS AND PSYCHIATRISTS ARE CALLED UPON TO EXERCISE COLLABORATIVE EFFORTS IN PROTECTING SOCIETY FROM THE CRIMINALLY INSANE ELEMENT. WHILE THE JUDICIAL SYSTEM IS BOUND TO PROTECT THE MORAL AND LEGAL CONSCIENCE OF THE COMMUNITY, THE PROFESSION OF PSYCHIATRY IS COMMITTED TO WORK WITHIN A SCIENTIFIC AND MEDICAL FRAMEWORK. LEGAL INTERPRETATIONS OF INSANITY AS A MEDICAL DIAGNOSIS HAVE AFFORDED THE USE OF INSTITUTIONAL CONFINEMENT FOR INSANE OFFENDERS AS AN EXTENSION OF INCARCERATION AND PUNISHMENT PRACTICES. INSANITY IS A LEGAL TERM WITH NO MEDICAL CONNOTATIONS. PSYCHOSIS AND NEUROSIS, ON THE OTHER HAND, ARE DISTINCTIVELY MEDICAL TERMS AND HOLD DUBIOUS LEGAL MEANING. SINCE THE LEGAL DEFINITION OF CRIME INCLUDES A MENTAL ELEMENT, THE STATE OF MIND OF THE OFFENDER, PSYCHIATRISTS ARE CONFRONTED BY A DILEMMA IN CASES INVOLVING CAPITAL PUNISHMENT. IMPLICIT IN THE LEGAL QUESTION OF CRIMINAL INTENT AND RESPONSIBILITY IS THE QUESTION OF WHETHER BEHAVIOR IS PROMPTED THROUGH THE EXERCISE OF FREE WILL OR BY DETERMINISTIC EXTERNAL FORCES. UTILIZING RULES OF RESPONSIBILITY, PSYCHIATRISTS PARTICIPATE IN THE DECISIONMAKING PROCESS TO DETERMINE CRIMINAL RESPONSIBILITY. SINCE MENTAL COMMITMENT IS NOT A CRIMINAL PROCEEDING, LAWS GUARDING INDIVIDUAL LIBERTIES DO NOT APPLY TO INSANITY HEARINGS. INVOLUNTARY COMMITMENT IS A SOCIAL CONTROL MECHANISM, THEREFORE, BY WHICH INDIVIDUALS IN CONFLICT WITH THE SYSTEM ARE INCARCERATED IN MENTAL INSTITUTIONS. THESE RECOMMENDATIONS TO AID IN RESOLVING CONFLICTS INHERENT IN LEGAL INTERPRETATIONS OF INSANITY ARE OFFERED: (1) ABOLISH THE DEATH PENALTY AND THE NONPAROLABLE LIFE SENTENCE, (2) ABOLISH OR MODIFY THE INSANITY PLEA, AND (3) DESIGNATE NO INDIVIDUAL A CRIMINAL OR DELINQUENT UNLESS HE OR SHE HAS BEEN FOUND GUILTY OF COMMITTING A CRIME IN A JUDICIAL PROCEEDING. REFERENCES ARE CITED. (DEP)