NCJ Number
46961
Date Published
1977
Length
22 pages
Annotation
THE FUNCTION OF PSYCHIATRIC DIVERSION FROM THE CRIMINAL JUSTICE SYSTEM AND ITS UNEQUAL APPLICATION IN PRACTICE ARE DISCUSSED AND ILLUSTRATED WITH CASE HISTORIES.
Abstract
PSYCHIATRIC DIVERSION FROM THE CRIMINAL JUSTICE SYSTEM REFERS TO ANY OF THE INTERVENTIONS OF PSYCHIATRY THAT OCCUR IN CONNECTION WITH INDIVIDUALS CHARGED WITH CRIME OR IDENTIFIED AS CONVICTED OFFENDERS. DIVERSIONS CAN RANGE FROM EXEMPTING A CRIMINAL SENTENCED TO DEATH FROM EXECUTION BY CLAIMING THAT HE IS PSYCHOTIC TO CIVILLY COMMITTING A PERSON BECAUSE HE IS DEEMED TO BE A SUICIDAL RISK. PSYCHIATRIC DIVERSION, AS IT HAS BEEN PRACTICED, IS ARBITRARY AND CAPRICIOUS. DECISIONS REGARDING THE 'SANITY' OF A DEFENDANT ARE OFTEN MADE BY JUDGES AND JURORS WITH NO TRAINING IN PSYCHIATRY AND NO REAL BASIS FOR THEIR JUDGMENTS. SEVERAL CASES ARE CITED WITH WIDELY DIFFERING DISPOSITIONS. THE HISTORY OF PSYCHIATRIC DIVERSION CAN BE SEEN IN THE ANALYSIS OF ENGLISH SUICIDE LAWS. AT ONE TIME THEY WERE QUITE SEVERE, AND THE BODY OF A SUICIDE WAS DISPOSED OF IN A WAY THAT WAS CONSIDERED AT THAT TIME TO BE HARSH PUNISHMENT IN TIME, PUBLIC OPINION SOFTENED, AND JURIES BEGAN TO MARK POSTHUMOUS JUDGMENTS OF INSANITY IN ORDER TO LESSEN THE PUNISHMENT AND THE RESULTING BURDEN TO THE SUICIDE'S FAMILY. THIS USE OF THE INSANITY JUDGMENT EXPANDED TO ITS PRESENT APPLICATION TO ALL TYPES OF CRIMES. PSYCHIATRIC DIVERSION HAS NOTHING TO DO WITH PSYCHIATRY; IT IS THE RESULT OF AND DEPENDS ON ITS PSYCHOSOCIAL UTILITY FOR MANAGING THE GUILTY CONDUCT OF CERTAIN PERSONS WHOM SOCIETY DOES NOT WISH TO PUNISH FULLY. MANY CONTEMPORARY THEORISTS ADVOCATE THE FORCED TREATMENT OF THE INSANE INCAPABLE OF SOCIAL COOPERATION AND THUS IN NEED OF CARE. HOWEVER, THE AUTHOR STATES THAT MANY THEORISTS ARE CONFUSING BODILY DEFECT WITH PERSONAL DEFIANCE AND MEDICAL DISEASE WITH MORAL DEVIANCE, AND THAT THE INSANE ARE CAPABLE OF ACCEPTING OR REJECTING HELP OFFERED THEM. THUS, THE 'INSANE' SHOULD BE REGARDED AS DEVIANT OR DEFIANT PERSONS RATHER THAN DISEASED OR DEMENTED PATIENTS, AND THEY SHOULD BE TREATED JUST AS 'NORMAL' MEMBERS OF SOCIETY ARE TREATED -- BY LEAVING THEM ALONE SO LONG AS THEY OBEY THE LAW, AND BY PROSECUTING AND PUNISHING THEM IF THEY BREAK IT. THE WIDELY ACCEPTED BELIEF THAT INSANE PERSONS ARE NOT RESPONSIBLE FOR THEIR ACTIONS HAS LED TO THE ACCEPTANCE OF THE LEGITIMACY OF PSYCHIATRIC DIVERSION. THE TYPE OF PSYCHIATRIC DIVERSION THAT CHARACTERIZES THE PRESENT AMERICAN SYSTEM IS IN NEED OF CORRECTION, AS IT CONSTITUTES A POTENTIAL DANGER TO INDIVIDUAL LIBERTY. THIS IS THE CASE NOT BECAUSE THE GOVERNMENT PUNISHES THE INNOCENT, BUT RATHER BECAUSE IT DOES NOT PUNISH THE GUILTY -- AN EVER-INCREASING TENDENCY NOT TO PUNISH THOSE WHO COMMIT EVIL ACTS BUT INSTEAD TO TREAT THEM FOR NONEXISTENT ILLNESSES. (VDA)