NCJ Number
29126
Journal
Psychiatric Annals Volume: 5 Issue: 4 Dated: (APRIL 1975)
Date Published
1975
Length
27 pages
Annotation
ARGUMENT THAT THE ISSUE OF A PERSON'S FITNESS TO STAND TRIAL HAS RESULTED IN AN INCREASING MISUSE OF PSYCHIATRY BY THE COURTS AND SHOULD BE ELIMINATED IN THE BEST INTERESTS OF JUSTICE, THE COMMUNITY, AND THE DEFENDANT.
Abstract
THE AUTHOR IDENTIFIES AND DISCUSSES SEVERAL FACTORS WHICH HE CONTENDS FACILITATE THE MISUSE OF PSYCHIATRY UNDER THE EXISTING CRIMINAL JUSTICE SYSTEM. THESE INCLUDE AN ADVERSARY SYSTEM WHICH PERMITS PROSECUTORS AND JUDGES TO RAISE THE ISSUE OF THE ACCUSED'S UNFITNESS TO PROCEED TO ACCOMPLISH THE GOAL OF INDETERMINATE, PREVENTIVE, AND/OR LONG-TERM DETENTION OF THE ACCUSED, VARIOUSLY WORDED COMPETENCY STANDARDS WHICH DO NOT (THE AUTHOR MAINTAINS) MEASURE THE ACCUSED'S FITNESS TO STAND TRIAL, AND COMPETENCY CHECKLISTS WHICH REQUIRE A PREDICTIVE ABILITY ON THE PART OF THE PSYCHIATRIST WHICH HE MAY NOT POSSESS. ALSO CONSIDERED ARE THE AMICUS CURIAE ROLE OF THE PSYCHIATRIST AND THE ISSUES OF PLEA AND SENTENCE BARGAINING. IN ADDITION, THE AUTHOR COMPARES THE RIGHT NOT TO BE TRIED ON A CRIMINAL CHARGE WHEN ONE IS UNFIT TO PROCEED WITH THE RIGHT TO A SPEEDY TRIAL. PERTINENT SUPREME COURT CASE LAW IS CITED. HE THEN PRESENTS A PROPOSAL FOR THE TOTAL ABANDONMENT OF THE COMPETENCY ISSUE, SETTING FORTH THE ADVANTAGES TO BOTH THE COMMUNITY AND THE DEFENDANT AND OUTLINING THE SAFEGUARDS NECESSARY TO PROTECT THE RIGHTS OF THE ACCUSED. IN ADDITION, HE SUGGESTS THAT THE AMERICAN PSYCHIATRIC ASSOCIATION PUT LEGISLATURES ON NOTICE THAT ITS MEMBERSHIP WILL BE ADVISED TO WITHDRAW FROM PARTICIPATION IN COMPETENCY EXAMINATIONS AFTER A SPECIFIC PERIOD UNLESS STATUTORY CHANGES ABOLISHING THE TRIABILITY ISSUE AND ESTABLISHING SAFEGUARDS TO PROTECT THE CONSTITUTIONAL RIGHTS OF MENTALLY DISABLED DEFENDANTS ARE ENACTED BY A SPECIFIC DATE. INTERIM GUIDELINES ARE SUGGESTED FOR PSYCHIATRISTS OR DIRECTED TO EXAMINE DEFENDANTS BELIEVED MENTALLY UNFIT TO PROCEED.