NCJ Number
44973
Date Published
1974
Length
227 pages
Annotation
SOCIOLOGICAL, LEGAL, AND PSYCHIATRIC ISSUES SURROUNDING THE CRIMINALLY INSANE ARE ADDRESSED; RESEARCH ON ONE SPECIFIC GROUP OF CRIMINALLY INSANE INDIVIDUALS IN NEW YORK STATE IS DISCUSSED.
Abstract
THIS GROUP OF PATIENTS, KNOWN AS THE BAXSTROM PATIENTS, WAS TRANSFERRED FROM MAXIMUM-SECURITY HOSPITALS TO CIVIL MENTAL HOSPITALS IN 1966 DUE TO A U.S. SUPREME COURT DECISION. THE MEMBERS OF THE BAXSTROM GROUP WERE ATYPICAL PATIENTS ONLY IN THAT THEY RECEIVED THE OPPORTUNITY TO MOVE INTO LESS RESTRICTIVE, MORE TREATMENT-ORIENTED SITUATIONS AND, FOR MANY, FROM THERE INTO THE COMMUNITY. BECAUSE OF THEIR REPRESENTATIVENESS AND BECAUSE OF THE NATURAL FIELD EXPERIMENT FOR QUESTIONS PERTAINING TO THE DANGEROUSNESS OF THE CRIMINALLY INSANE THAT THEIR CAREERS PROVIDED, THEY ARE A VERY SIGNIFICANT GROUP OF PATIENTS WHO WERE STUDIED FOR 4 YEARS AFTER THE LANDMARK COURT DECISION. IN ANALYZING THE INSTITUTIONAL CAREERS OF THE CRIMINALLY INSANE GENERALLY, AND THE BAXSTROM PATIENTS SPECIFICALLY, THE MAJOR ISSUES ADDRESSED ARE: THE CENTRALITY OF THE CONCEPT AND PREDICTION OF DANGEROUSNESS IN DECISIONMAKING ABOUT THE CRIMINALLY INSANE; THE CONSERVATISM OF SOCIETY AND PSYCHIATRISTS IN DEALING WITH THE CRIMINALLY INSANE; AND THE IMPORTANCE OF CERTAIN SOCIAL FACTORS RELATIVE TO MEDICAL OR LEGAL INFLUENCES FOR THESE PATIENTS AS THEY MOVE FROM THE CRIMINALLY INSANE HOSPITALS TO THE CIVIL HOSPITALS AND TO THE COMMUNITY. A DETAILED EXPLANATION OF THE ACQUISITION OF THE CRIMINALLY INSANE 'LABEL' IS PRESENTED; AN INSIGHT INTO THE CHARACTERISTICS OF PATIENT CUSTODY, CARE, PREDICAMENTS, AND PATHWAYS IS PROVIDED. DETAILS OF THE BAXSTROM V. HEROLD CASE ARE DISCUSSED. THE BAXSTROM PATIENT DATA ANALYSIS AND DISCUSSIONS FROM THE PERSPECTIVE OF THEIR INPATIENT AND POSTPATIENT CAREER ARE DEVELOPED, INCLUDING: A DISCUSSION ON WHO THE BAXSTROM AND PRE-BAXSTROM PATIENTS WERE AND THE INFERENCES SUGGESTED BY THE DIFFERENT CHARACTERISTICS OF THE TWO GROUPS; AN ACCOUNT OF EXPERIENCES OF THE BAXSTROM PATIENTS IN THE CIVIL HOSPITAL PHASE OF THEIR INPATIENT CARE; AN EXAMINATION OF PATIENT RELEASE FROM THE CIVIL HOSPITAL TO THE COMMUNITY AND THE CRITICAL FACTORS RELATED TO PSYCHIATRISTS' DECISIONS TO RELEASE SOME PATIENTS WHILE RETAINING OTHERS; AND A DISCUSSION OF THE IMPORTANT TRENDS IN COURT DECISIONS AND LEGISLATION DEALING WITH THE CRIMINALLY INSANE SINCE 1966, AS WELL AS TRENDS IN TREATMENT PROGRAMS FOR THE CRIMINALLY INSANE IN THE UNITED STATES. IMPLICATIONS OF THE EXAMINED DATA FOR SUBSTANTIVE AND POLICY ISSUES ARE EXPLORED. A BIBLIOGRAPHY AND NAME AND SUBJECT INDEXES ARE INCLUDED.