NCJ Number
72845
Date Published
1977
Length
13 pages
Annotation
An argument is presented for separating issues of mental health from trial and correctional decisionmaking.
Abstract
The insanity defense and the incompetency plea should be abolished from criminal law because these legal options do not help defendants or serve the interests of justice. Those who plead an insanity defense or incompetency to stand trial are often deprived of the limits on institutionalization provided by criminal sentencing, such that many are confined longer than they would have been had they been convicted of the crime for which they were charged. A person's mental health should only have a bearing on trial decisions when it is relevant to establishing the mental state necessary for culpability. Any institutionalization based primarily upon judgments about a person's mental health should issue from civil commitment proceedings; that is, when a person refuses to be treated voluntarily. All mental health services in a correctional setting should be voluntary, and release decisions should not be based upon progress toward mental health. Further, parole or other release decisions based upon prediction of dangerousness or the likelihood of committing another offense should be prohibited. Overall, offenders in a correctional setting should have the opportunity to participate voluntarily in high quality treatment programs, with the length of institutionalization dependent upon circumstances surrounding the offense itself. No references are provided.