Mental diseases: a public health problemMay, James Vance
Science
Mental diseases: a public health problem
May, James Vance
Mental health services; Psychology, Pathological
"2. That the insanity plea is not by any means raised as often as it
should be, to prevent the frequent miscarriage of justice arising from
the conviction and imprisonment of insane persons whose true mental
condition has not been recognized.
"3. That the abuses which have crept into the method of presenting
medical expert testimony have been largely the result of established
legal tests and procedures, although their correction does not require
radical change in the laws.
"4. That inaccessibility of the evidence on both sides of the case is
the chief cause of defective medical testimony.
"5. That whenever possible the medical witness should not testify
unless he has had an opportunity to make both a mental and a physical
examination of the person in whose behalf the plea of insanity is
raised.
"6. That we consider the hypothetical question as ordinarily presented
to be unscientific, misleading and dangerous to medical repute and
that the evidence on both sides should always be included in its
presentation to medical witnesses.
"7. That in all criminal cases absolutely equal rights should be
accorded the medical witnesses for both the prosecution and the defence
for the examination of the person alleged to be insane.
"8. That in our judgment the judiciary should by legal enactment be
allowed more latitude in enlightening the jury and enabling it to
comprehend the nature and meaning of the medical testimony laid before
it.
"9. That we recommend as advisable the adoption wherever possible of
the so-called Leed's method of preliminary consultation by medical
witnesses on both sides of the case as to its status.
"10. That we advocate a freer use of appointments of commissions by the
court.
"11. That a period of hospital observation of all persons committing
crimes in whose defence the plea of insanity has been raised is by
far the best method yet devised for securing impartial and accurate
opinions, silencing popular clamor, avoiding prolonged and sensational
trials and saving expense to the State; also that we advocate the
enactment in every State of laws similar to those of Maine, New
Hampshire, Vermont and Massachusetts, providing that such persons may
be committed by the court to a State hospital for the insane there to
remain for such time as the court may direct pending the determination
of their insanity.
"12. That it is the sense of the Association that it is subversive of
the dignity of the medical profession for any of its members to occupy
the position of medical advisory counsel in open court and at the same
time to act as expert witness in a medico-legal case.
"13. That we regard the acceptance by a physician of a fee that
is contingent upon the result of a medico-legal case as not in
accordance with medical ethics and derogatory to the good repute of the
profession, and advocate the regulation of the practice by legislation.
Public-domain text, read in full here on John Shaqi.
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