Crime -- United States; Criminal justice, Administration of -- United States; Criminals -- United States
If a defendant intends to prove himself irresponsible for his offence,
why should he not be compelled to enter a specific plea to that effect?
Once he has entered that plea, the law as it stands just quoted will do
the rest. No reason has been brought to the attention of the writer why
the admission of any evidence upon the defendant's trial tending to show
that he was mentally irresponsible at the time of committing the crime
should not be made contingent upon the defence of insanity having been
specifically pleaded either at the time of his arraignment or later by
substitution for or in conjunction with the plea of "not guilty." This
would deprive him of no constitutional right whatever. There is no legal
necessity of permitting an accused to prove insanity under a general
answer of "not guilty." Then upon his own plea that he had been insane
he could instantly be committed to some place of observation where a
permanent medical board of inquiry could be given full opportunity to
examine him and study his case with a view to determining his present
and past mental condition. He would still have in prospect his regular
jury trial, but if this board found him at the present time insane,
the court could immediately commit him to an asylum pending recovery,
precisely as under the present procedure, while if they found him sane
at the present time, but reported that, in their opinion (whatever test,
"medical" or "legal," they might have applied), he was irresponsible
at the time he committed the crime, it is unlikely that any prosecutor
would bring him to trial. If, however, they reported that he was not
only sane, but had been sane at the time of his crime, it is probable
that any proposed defence of insanity would be abandoned, while if it
was still urged by the accused, the opinion of such a board would carry
far greater weight at the ultimate trial of the case than the individual
opinions of experts retained and paid by either side for that particular
occasion only, and having had only a comparatively limited opportunity
for examination. At any rate, if the court called in the services of
such a board of medical judges to assist as amici curie in determining
the defendant's condition, while their opinion would not be conclusive
upon the jury, it would at least do away with the present lamentable
necessity of learned men answering "yes" or "no" to a hypothetical
question fifty thousand words long, when the most superficial personal
examination of the accused would settle the matter definitely in
their minds. Such a procedure is in general use in Germany and other
continental countries, and is likewise substantially followed in
Massachusetts, Maine, Vermont, and New Hampshire.*
* Another equally efficacious means of dealing with the matter would
be to substitute, upon a defendant's plea of insanity, a full jury of
experts--like any "special" jury--for the ordinary petit jury.
Public-domain text, read in full here on John Shaqi.
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