Crime -- United States; Criminal justice, Administration of -- United States; Criminals -- United States
The two chief objects of such reforms should be, first, to relieve the
ordinary jury in as many cases as possible from the necessity of passing
upon the delicate issue of a defendant's mental condition at a previous
time, and second, where this may not be avoided, to make their task as
easy as possible by providing (a) a more scientific and definite test of
legal responsibility and (b) an opportunity for adequate examination of
defendants availing themselves of this defence.
This last and most practical reform can be easily secured by a slight
alteration in the New York Code of Criminal Procedure, which already
provides both for the entering of the specific plea of insanity and
for the introduction of the defence and the proof of insanity under the
general plea of "not guilty." At present the defendant has his choice
of openly announcing or of concealing until the trial his intention of
claiming that he was insane and so irresponsible for his crime. This is
an advantage the results of which were probably not fully contemplated
by the Legislature, and one to which an accused has no fair claim.
Fortunately, in the same section of the Code (658), which provides
that the court may appoint a Commission to inquire into the sanity of
a defendant at the time of his trial, there exists another provision,
hitherto little noticed, that:
"When a defendant PLEADS INSANITY, as prescribed in Section 336, the
court in which the indictment is pending, instead of proceeding with the
trial of the indictment, may appoint a commission of not more than three
disinterested persons to examine him and report to the court as to his
insanity at the time of the commission of the crime."
Public-domain text, read in full here on John Shaqi.
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