CASE CLOSEUP - THE 'UNRELATED CRIME' AND THE ASCHERMAN ACT

• NCJ Number: 19431
• Author(s): M S GORDON; C E SIMONSEN; H E ALLEN
• Date Published: 1973
• Length: 59 pages
• Grant Number(s): 1514-00-F4-71
• Sponsoring Agency: US Dept of Justice; Ohio Dept of Economic and Community Development; Ohio Dept of Mental Health and Mental Retardation
• Corporate Author: Ohio State University
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

RESEARCH PAPER WHICH EXAMINES THE IMPLEMENTATION OF OHIO'S PSYCHOPATHIC OFFENDER LAW AS IT APPLIED TO A SAMPLE OF ELEVEN OFFENDERS DRAWN FROM THE TOTAL COMMITTED ASCHERMAN POPULATION FOR THE PERIOD 1966 TO 1972

Abstract

THE ASCHERMAN ACT WAS DESIGNED TO BE ADMINISTERED BY THE CRIMINAL COURTS IN DEALING WITH PSYCHOPATHIC OR MENTALLY RETARDED OFFENDERS IN CASES IN WHICH THE COURT FOUND THAT THESE OFFENDERS PRESENTED A MENACE TO SOCIETY, AND THAT THE IMPOSITION OR CONTINUED ENFORCEMENT OF THE APPLICABLE PENAL SENTENCE WOULD NOT AFFORD TO SOCIETY SUCH PROTECTION FROM THESE OFFENDERS AS WAS NEEDED. THE RESEARCH HYPOTHESIS WAS AS FOLLOWS: PERSONS CONVICTED OF CRIMES 'UNRELATED' TO THE ASCHERMAN ACT AND THEREAFTER ORDERED TO BE EVALUATED AND SUBSEQUENTLY COMMITTED TO LIMA STATE HOSPITAL UNDER THE PROVISIONS OF THAT ACT, WILL BE FOUND TO BE NEITHER MENTALLY ILL, MENTALLY RETARDED, OR PSYCHOPATHIC OFFENDERS, NOR WILL THEY HAVE A PRIOR RECORD OF ARRESTS, CONVICTIONS AND/OR PSYCHIATRIC TREATMENT (WHICH MIGHT HAVE GIVEN AN INDICATION OF MENACE TO THEMSELVES AND THE PUBLIC). EACH OF THE ELEVEN SAMPLE OFFENDERS HAD BEEN CONVICTED OF A CRIME THAT THIS STUDY HAS DEFINED AS 'UNRELATED' TO THE INTENT OF THE ACT (I.E. DISTURBING THE PEACE AND GIVING FALSE INFORMATION TO AN OFFICIAL). EXAMINATION OF THE CASE RECORDS OF THE ELEVEN OFFENDERS REVEALED A PREPONDERANCE OF EVIDENCE AGAINST ACCEPTANCE OF THE RESEARCH HYPOTHESIS. RESEARCHERS CONCLUDED THAT THE COURTS RELIED HEAVILY ON THE OFFENDER'S PAST ARREST AND/OR PSYCHIATRIC TREATMENT RECORDS IN DECIDING TO ORDER AN EVALUATION; THAT THE EXAMINING FACILITY ALSO RELIED ON THE PAST RECORDS, AND IN EACH CASE MADE A DIAGNOSIS WHOSE DEFINITION FIT THE OFFENDER'S BEHAVIORAL PATTERN; AND THAT, IN DECIDING COMMITMENT, THE COURTS FOLLOWED RECOMMENDATION OFFERED BY LSH AND ADJUDGED THE OFFENDER ACCORDING TO THEIR DIAGNOSIS. IN ADDITION, ALL ELEVEN OFFENDERS WERE FOUND TO BE EITHER MENTALLY ILL, MENTALLY RETARDED, OR PSYCHOPATHIC, AND ALL ELEVEN DID HAVE PRIOR ARREST AND/OR PSYCHIATRIC TREATMENT RECORDS. (THE APPENDIX CONTAINS DATA ON THE ELEVEN OFFENDERS BY COURT JUDGEMENT AND COPIES OF THE SECTIONS OF THE OHIO CRIMINAL CODE REFERRING TO THE CRIMES WITH WHICH EACH WAS CHARGED. (AUTHOR ABSTRACT MODIFIED)