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COMMITMENT
• 1. CIVIL COMMITMENT – COMMITTMENT BECAUSE OF MENTAL ILLNESS ITSELF
• 2. CRIMINAL COMMITMENT – COMMITMENT BECAUSE NGRI (NOT GUILTY BY REASON OF INSANITY)
INSANITY DEFENSE
• RARELY USED (< 1%)
• IF USED, ALMOST ALWAYS FOR MURDER
• IF USED, RARELY SUCCESSFUL
• HIGHLY SYMBOLIC AND CONTROVERSIAL
CRIMINAL VS. SICK
• PEOPLE SHOULD BE RESPONSIBLE FOR CRIMES THEY COMMIT
• NGRI SEEMS TO VIOLATE THIS VALUE – OFFENDS SENSE OF JUSTICE
• PEOPLE WHO ARE SICK ARE NOT BLAMEWORTHY
• CONTRADICTION
NOT GUILTY TO WHAT?
• A CRIME
• CRIME HAS TWO ELEMENTS
• ACTUS REA – GUILTY ACT
• MENS REA – GUILTY MIND
• CRIME REQUIRES BOTH
• NGRI DENIES MENS REA
TWO PLACES
• DEFENSE AT THE TIME THE CRIME WAS COMMITTED
• AT TIME OF TRIAL – INCOMPETENT TO STAND TRIAL – NOT OF CONCERN HERE
M’NAGHTEN CASE (UK 1843)
• “THAT EVERY MAN IS PRESUMED TO BE SANE, AND THAT TO ESTABLISH A DEFENSE ON THE GROUND OF INSANITY IT MUST BE PROVEN THAT AT THE TIME OF COMMITTING THE ACT, THE PARTY ACCUSED WAS LABORING UNDER SUCH A DEFECT OF REASON, FROM DISEASE OF THE
M’NAGHTEN (CONT.)
• MIND, AS NOT TO KNOW THE NATURE AND QUALITY OF THE ACT HE WAS DOING; OR, IF HE DID KNOW IT, THAT HE DID NOT KNOW HE WAS DOING WHAT WAS WRONG.”
M’NAGHTEN
• 1. DEFECT OF REASON (NOT IMPULSE OR EMOTION)
• 2. FROM DISEASE OF MIND (CAUSAL)
• 3. NOT KNOW NATURE AND QUALITY OF ACT
• 4. OR, DID NOT KNOW HE WAS DOING WHAT WAS WRONG
CRITICISMS OF M’NAGHTEN
• NARROWNESS
• COGNITIVE EMPHASIS
• LEGAL, NOT PSYCHIATRIC, GROUNDING
DURHAM RULE (US 1954)
• “AN ACCUSED IS NOT CRIMINALLY RESPONSIBLE IF HIS UNLAWFUL ACT WAS THE PRODUCT OF MENTAL DISEASE OR DEFECT.”
• REACTION TO PERCEIVED NARROWNESS OF M’NAGHTEN
CRITICISMS OF DURHAM
• 1. EXTREMELY BROAD (E.G. ASPD)
• 2. NO DEFINITION OF MENTAL ILLNESS
• 3. CAN UNDERMINE FOUNDATION OF CRIMINAL LAW
AMERICAN LAW INSTITUTE (US 1972)
• “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 EITHER TO APPRECIATE THE CRIMINALITY OF HIS CONDUCT OR TO CONFORM HIS CONDUCT TO THE REQUIREMENTS OF LAW.”
ALI
• NARROWS DURHAM – LACKS APPRECIATION OR ABILITY TO CONTROL CONDUCT
• BROADENS M’N – APPRECIATE RATHER THAN KNOW; ABILITY TO CONTROL
ANDREA YATES (TEXAS 2002)
• 36 YR. OLD WOMAN DROWNED FIVE CHILDREN (6 MONTHS – 7 YEARS) IN BATHTUB THEN CALLED POLICE
• HAD ATTEMPTED SUICIDE AFTER BIRTH OF 4TH CHILD AND ON MEDS; 4 HOSPITALIZATIONS
• VERY SERIOUS DEPRESSED AFTER 5TH CHILD BUT MEDS. STOPPED
YATES
• STATE SOUGHT DEATH PENALTY, YATES PLED NGRI
• DEFENSE: HAD VISIONS AND HEARD VOICES TELLING HER TO KILL
• PROSECUTION SAID KNEW COMMITTING CRIME AND KNEW IT WAS WRONG
YATES
• CONVICTED BUT GIVEN LIFE SENTENCE NOT DEATH
• UNDER M’NAGHTEN CLEARLY WAS GUILTY – KNEW DROWNING CHILDREN AND KNEW WAS WRONG
• IF DURHAM CLEARLY NGRI• IF ALI HARD TO SAY – “INCAPABLE OF
CONFORMING CONDUCT TO LAW”
MAJOR PROBLEM WITH ALL
• WHAT HAPPENS WHEN NGRI NO LONGER MENTALLY ILL?
• DO NGRI GET OFF TOO EASILY?• E.G. TEMPORARY M.I. AND SEVERE
CRIME• OR ARE THEY WORSE OFF?
(MCMURPHY)• SEVERE M.I. BUT MINOR CRIME
TORSNEY V. STATE OF N.Y.
• TORSNEY NYC COP WHO SHOT UNARMED 15 YR. OLD FOR NO REASON
• FOUND NGRI
• HOSPITAL PSYCHIATRISTS SAID NOT M.I.
• COURT SAID HAD TO RELEASE
JONES V. U.S.
• JONES ARRESTED FOR PETTY THEFT (MISDEMEANOR W/MAX. 1 YEAR)
• OBVIOUSLY PSYCHOTIC AND PLED NGRI AND COMMITTED TO M.H.
• AT HEARING AFTER 1 YEAR STILL CONSIDERED M.I.
• COURT SAID STAY IN HOSPITAL
RESULT OF NGRI
• SOMETIMES TOO LENIENT – TORSNEY
• SOMETIMES TOO HARSH – JONES
• OVERALL, ABOUT SAME LENGTH OF TIME
MORE M.I. NOW IN CJS
• MANY M.I. NOW FOUND IN JAILS AND PRISONS (10% - 15%)
• RATE HIGHER THAN GENERAL POP.
• RESULT OF DI?
• HARD TO TELL
THREE GROUPS
• 1. MINOR OFFENDERS – LOITERING, DISTURBING PEACE, SHOPLIFTERS
• MAJORITY OF M.I. IN CJS
• 2. VIOLENT SUBSTANCE ABUSERS
• 3. PSYCHOTIC MENTALLY ILL
• WHEN OFF MEDS AND HAVE PSYCHOTIC EPISODE
MAJOR PROBLEMS
• LACK OF DIVERSION PROGRAMS FROM CJS
• LACK OF MENTAL HEALTH TREATMENT IN CJS
• UNWILLINGNESS OF MENTAL HEALTH PROGRAMS TO TREAT OFFENDERS