NCJ Number
9393
Date Published
1970
Length
210 pages
Annotation
STUDY OF PERCEPTION OF THE RULES WHICH GOVERN MENTAL ILLNESS BY THE LAW ENFORCEMENT, LEGAL AND CLINICAL PERSONNEL WHO HANDLE THE MENTALLY ILL OFFENDER.
Abstract
DATA WERE COLLECTED FROM MAJOR URBAN CENTERS IN FIVE STATES - CALIFORNIA, FLORIDA, ILLINOIS, MICHIGAN, AND NEW YORK - AND IN THE DISTRICT OF COLUMBIA DURING 1963 AND 1964. PRACTICES AND POLICIES IN THE FOLLOWING AREAS WERE EXAMINED IN DETAIL - THE INSANITY DEFENSE AND CRIMINAL RESPONSIBILITY, PRETRIAL EXAMINATIONS FOR COMPETENCY TO STAND TRIAL, THE FORMAL JUDICIAL DETERMINATION OF COMPETENCY, PROCEDURES FOR RESTORATION TO COMPETENCY, AND CIVIL COMMITMENT AS AN ALTERNATIVE TO THE CRIMINAL PROCESS. THE STUDY FINDINGS INDICATED THAT THE PROCEDURE FOR INQUIRY INTO COMPETENCY IS THE CRITICAL PHASE IN THE CLASSIFICATION AND DISPOSITION OF MENTALLY DISTURBED CRIMINAL DEFENDANTS. DIAGNOSTIC SERVICES FOR DETERMINING COMPETENCY HAVE OPERATED AS PSYCHIATRIC REFEREES AND DISPOSITION MONITORS FOR THE COURTS. ON THE NEGATIVE SIDE, THE STUDY INDICATED THAT THERE IS A SEVERE SHORTAGE OF PSYCHIATRIC RESOURCES FOR DEALING WITH THE MENTALLY DISORDERED OFFENDER. POOR COMMUNICATION AND CONFLICT OF PURPOSE WERE FOUND BETWEEN AGENCIES SHARING RESPONSIBILITY FOR DISPOSITION. (SNI ABSTRACT)