Mental diseases: a public health problemMay, James Vance
Science
Mental diseases: a public health problem
May, James Vance
Mental health services; Psychology, Pathological
The provision of the Massachusetts Law for the determination of the
mental condition of persons under arrest or held under criminal charges
is an excellent one and well worthy of consideration. This is covered
by chapter 123 of the General Laws:—"If a person under complaint
or indictment for any crime, is, at the time appointed for trial or
sentence, or at any time prior thereto, found by the Court to be
insane or in such mental condition that his commitment to a hospital
for the insane is necessary for the proper care or observation of
such person pending the determination of his insanity, the Court may
commit him to a State hospital for the insane under such limitations
as it may order." The Court may in its discretion employ one or more
experts to examine such persons. These cases are on recovery returned
by the hospital authorities to the custody of the Court. One of the
interesting features of the Massachusetts Law is the provision relating
to persons indicted for murder or manslaughter but acquitted by a jury
by reason of insanity. Such cases are committed to a state hospital
for life and can be discharged only by the Governor of the state, with
the advice and consent of the Executive Council, when he is satisfied,
after an investigation by the Department of Mental Diseases, that such
a person may be discharged "without danger to others." Persons charged
with a crime "other than murder or manslaughter" and acquitted by a
jury by reason of insanity may also be committed by the Court to a
state hospital "under such limitations as it deems proper" and such
orders may be revoked at any time.
A recent enactment (Chapter 415, Acts of 1921) provides that "Whenever
a person is indicted by a grand jury for a capital offense or whenever
a person, who is known to have been indicted for any other offense more
than once or to have been previously convicted of a felony, is indicted
by a grand jury or bound over for trial in the superior court, the
clerk of the court in which the indictment is returned, or the clerk of
the district court or the trial justice, as the case may be, shall give
notice to the department of mental diseases, and the department shall
cause such person to be examined with a view to determine his mental
condition and the existence of any mental disease or defect which would
affect his criminal responsibility. The department shall file a report
of its investigation with the clerk of the court in which the trial
is to be held, and the report shall be accessible to the court, the
district attorney and to the attorney for the accused, and shall be
admissible as evidence of the mental condition of the accused."
Public-domain text, read in full here on John Shaqi.
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