NCJ Number
1854
Date Published
1969
Length
285 pages
Annotation
A STUDY OF THE DECISIONS FOLLOWING DURHAM V. US WHICH HELD AN ACCUSED NOT RESPONSIBLE IF HIS UNLAWFUL ACT WAS THE PRODUCT OF MENTAL DISEASE OR DEFECT.
Abstract
STANDARDS OF EXCULPATORY MENTAL ILLNESS IN DC HAVE REGRESSED SIGNIFICANTLY BEHIND JURISDICTIONS UPHOLDING THE M'NAGHTEN RULES. BOTH JUDGES AND PSYCHIATRISTS ARE PUNITIVELY ORIENTED RATHER THAN DEDICATED TO THERAPY. NO SIGNIFICANT REFORM IS LIKELY UNTIL THE ENTRY OF A NEW GENERATION OF HUMANELY AND REALISTICALLY ORIENTED JUDGES AND PSYCHIATRISTS. DURHAM STANDS AS A MONUMENT TO THE IRRELEVANCE OF THE PARTICULAR VERBAL FORMULA OF EXCULPATORY MENTAL ILLNESS. INCLUDED ARE CASE STUDIES ILLUSTRATING THE PRESENT STATE OF JUDICIAL PSYCHIATRY AND PSYCHIATRIC JUSTICE.