NCJ Number
44595
Journal
American Journal of Psychiatry Volume: 135 Issue: 1 Dated: (JANUARY 1978) Pages: 53-60
Date Published
1978
Length
8 pages
Annotation
THIS STUDY EXAMINES THE PRACTICE OF CRIMINAL COMMITMENT FOR PRETRIAL PSYCHIATRIC EVALUATION AND ANSWERS QUESTIONS REGARDING THE WAY IT HAS BEEN USED.
Abstract
IN 1971 THE MASSACHUSETTS LEGISLATURE REVISED THE LAWS REGARDING THE ADMISSION, TREATMENT, AND DISCHARGE OF MENTALLY ILL INDIVIDUALS IN AN ATTEMPT TO RECTIFY THE MISUSE OF CIVIL AND CRIMINAL COMMITMENT, TO SAFEGUARD THE CIVIL RIGHTS OF THE INDIVIDUAL, AND TO AVOID THE POTENTIALLY DESTRUCTIVE EFFECTS OF COMMITMENT. GUIDELINES WERE ESTABLISHED TO MAKE EXPLICIT THE PROCESS OF PRETRIAL COMMITMENT. THE RECORDS OF 87 PRETRIAL COMMITMENTS IN 1975 MADE UNDER THIS LAW WERE EXAMINED. STATISTICS WERE ALSO COMPILED FOR ALL ADMISSIONS TO THE HOSPITAL FOR THE PERIOD OF 1966 TO 1975. IT WAS FOUND THAT ONLY 2 OF THE 87 PRETRIAL COMMITMENTS UNDER THE NEW RESULTED IN A FINAL COURT DISPOSITION OF COMMITMENT AND THAT PRETRIAL COMMITMENTS INCREASED DURING THE PERIOD IN CONTRAST TO A DECREASE IN OTHER KINDS OF ADMISSIONS. ON THE BASIS OF THESE FINDINGS, IT IS SUGGESTED THAT SERIOUS ATTENTION BE PAID TO ARGUMENTS THAT PRETRIAL COMMITMENT SERVES NOT SO MUCH TO PROVIDE TREATMENT FOR THOSE WHO NEED IT, BUT TO CONTROL AND SEQUESTER SOCIAL DEVIANTS AND TREAT THEM UNDER COERCION. (AUTHOR ABSTRACT MODIFIED).