RESOLVING THE PROBLEM OF DOMINANCE OF PSYCHIATRISTS IN CRIMINAL RESPONSIBILITY DECISIONS - A PROPOSAL

• NCJ Number: 14110
• Journal: Southwestern Law Journal Volume: 27 Issue: 5 Dated: (DECEMBER 1973) Pages: 790-805
• Author(s): H M HUCKABEE
• Date Published: 1973
• Length: 16 pages
• Corporate Author: Southern Methodist University Law School
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

CRITIQUE OF M'NAGHTEN, ALI, DURHAM AND THE PROPOSED REVISED FEDERAL CRIMINAL CODE TESTS OF CRIMINAL RESPONSIBILITY WITH A PROPOSAL TO REDUCE THE DOMINANCE OF PSYCHIATRIC TESTIMONY ON QUESTIONS OF FACT.

Abstract

THE AUTHOR RECOMMENDS THAT CONGRESS INCLUDE IN THE LEGISLATION AN AUTHORIZATION FOR PSYCHIATRISTS TO TESTIFY, AND FOR EVIDENCE TO BE PRESENTED, CONCERNING THE EXISTENCE OF A MENTAL DISEASE OR DEFECT, TO BE CONSIDERED BY THE JURY ALONG WITH OTHER RELEVANT FACTS ON THE ISSUE OF WHETHER OR NOT THE DEFENDANT IN FACT LACKED THE STATE OF MIND REQUIRED AS AN ELEMENT OF THE OFFENSE CHARGED. THIS CONCEPT OF TESTIMONY AS TO MENTAL DISEASE OR DEFECT WHICH MAY AFFECT THE STATE OF MIND REQUIRED FOR THE CRIME HAS BEEN DESCRIBED IN A VARIETY OF WAYS IN VARIOUS CONTEXTS, BUT IT IS INTENDED HEREIN THAT IT ENCOMPASS TERMS SUCH AS DIMINISHED CAPACITY, DIMINISHED RESPONSIBILITY, PARTIAL INSANITY OR PARTIAL RESPONSIBILITY REDUCING THE DEGREE OF THE OFFENSE, AND THE VOLITION PHASE OF ALI. THE AUTHOR PROPOSES A 'MODERNIZED M'NAGHTEN' TEST OF CRIMINAL RESPONSIBILITY WHICH WOULD HOLD THAT A PERSON IS NOT RESPONSIBLE FOR CRIMINAL CONDUCT IF AT THE TIME OF SUCH CONDUCT AS A RESULT OF MENTAL DISEASE OR DEFECT HE LACKS SUBSTANTIAL CAPACITY TO APPRECIATE THE CRIMINALITY OF HIS CONDUCT. PSYCHIATRISTS COULD TESTIFY AS TO THE DETAILS OF ANY MENTAL DISEASE OR DEFECT AND WOULD BE ALLOWED TO RENDER OPINIONS USING THE LANGUAGE OF THAT TEST. IN ADDITION, PSYCHIATRISTS COULD TESTIFY CONCERNING THE EXISTENCE OF A MENTAL DISEASE OR DEFECT. THE JURY WOULD CONSIDER THIS EVIDENCE, ALONG WITH ALL OTHER RELEVANT FACTS ON THE ISSUE OF WHETHER THE DEFENDANT IN FACT LACKED THE STATE OF MIND REQUIRED AS AN ELEMENT OF THE OFFENSE CHARGED. PSYCHIATRISTS, HOWEVER, WOULD NOT BE PERMITTED TO STATE OPINIONS IN THE LANGUAGE OF THE STATE OF MIND ELEMENT, SINCE SUCH AN OPINION WOULD CREATE THE OPPORTUNITY FOR EVEN MORE PSYCHIATRIC DOMINANCE THAN NOW EXISTS. (AUTHOR ABSTRACT)