NCJ Number
17730
Journal
Columbia Law Review Volume: 74 Issue: 4 Dated: (MAY 1974) Pages: 733-751
Date Published
1974
Length
19 pages
Annotation
IN ITS 1968 DECISION IN BOLTON V. HARRIS, THE DISTRICT OF COLUMBIA CIRCUIT COURT HELD THAT SUBSTANTIALLY SIMILAR PROCEDURES MUST BE APPLIED TO INVOLUNTARY HOSPITALIZATION OF INSANITY ACQUITTEES AND CIVIL PATIENTS.
Abstract
THIS RULING EFFECTIVELY ABOLISHED THE THEN-CURRENT MANDATORY COMMITMENT OF INSANITY ACQUITTEES AND REPLACED IT WITH A POST-TRIAL COMMITMENT HEARING. IN 1970, THE U.S. CONGRESS REVISED THE DISTRICT OF COLUMBIA CRIMINAL CODE BY MOVING THE BURDEN OF PROOF AT THE CRIMINAL TRIAL FROM THE PROSECUTION TO THE DEFENDANT, AND BY REQUIRING COMMITMENT UNTIL THE ACQUITTEE CAN ESTABLISH HIS SUITABILITY FOR RELEASE. THIS NOTE DESCRIBES THE EVOLUTION OF THE DISTRICT OF COLUMBIA CIRCUIT'S APPROACH TO INSANITY ACQUITTEES, CITING SEVERAL U.S. SUPREME COURT DECISIONS REGARDING THE NEED FOR PROCEDURAL SAFEGUARDS AND EQUAL PROTECTION UNDER THE LAWS FOR INDIVIDUALS ACQUITTED IN CRIMINAL COURT ON THE BASIS OF INSANITY. THE EFFECT OF THIS APPROACH ON RESTRICTIVE LEGISLATION IS THEN ANALYZED, USING THE 1970 AMENDMENTS TO THE DISTRICT CODE AS AN EXAMPLE. THE AUTHOR CONCLUDES THAT CONGRESS' ATTEMPT TO OVERRULE BOLTON CANNOT WITHSTAND CONSITUTIONAL SCRUTINY. SHE FURTHER CONTENDS THAT WHILE THE 'RELEVANT DIFFERENCES' EXCEPTION JUSTIFIABLY ALLOWS A DEGREE OF FLEXIBILITY IN THE DISPOSITION OF INSANITY ACQUITTEES, IT SHOULD BE APPLIED SPARINGLY. (THE 'RELEVANT DIFFERENCES' EXCEPTION IS THE THEORY THAT MANDATORY COMMITMENT IS JUSTIFIED BECAUSE THE INSANITY ACQUITTEE HAS ADMITTEDLY ALREADY COMMITTED A CRIME.)