MEDICAL REMANDS IN THE CRIMINAL COURTS

• NCJ Number: 47813
• Author(s): T C N GIBBENS; K L SOOTHILL; P J POPE
• Date Published: 1977
• Length: 133 pages
• Corporate Author: Oxford University Press, Inc
• Sale Source: Oxford University Press, Inc
• Publication Type: Report (Study/Research)
• Language: English
• Country: United Kingdom
• Note: INSTITUTE OF PSYCHIATRY MAUDSLEY MONOGRAPHS, N 25

Annotation

THIS BRITISH STUDY EXAMINES PROBLEMS ASSOCIATED WITH REMANDING OFFENDERS TO CUSTODY DURING PHYSICAL AND MENTAL EVALUATIONS.

Abstract

THIS VOLUME IS PREFACED BY AN INTRODUCTION TO THE STUDY'S SCOPE AND METHODOLOGY. NEXT, THREE STUDIES ARE REVIEWED. THE FIRST IS A RETROSPECTIVE STUDY OF THE FREQUENCY OF MEDICAL REMAND IN THE MAGISTRATES' COURTS, AND OF THE MEDICAL REMAND'S ROLE IN THE COURT PROCESS. THE SECOND IS A PROSPECTIVE STUDY OF THE RECORDS OF 287 REMANDED OFFENDERS IN WESSEX DURING 1970-1971. PHYSICAL AND MENTAL HEALTH AND THE CRIMINAL RECORD, DOCTOR'S VIEWS ON REMAND PROCEDURE, THE CRIMINAL AND SOCIAL HISTORY OF A CONTROLLED SAMPLE, AND MEDICAL DEFENSE REPORTS TO MAGISTRATES' COURTS ARE DISCUSSED. IN WESSEX, IT WAS FOUND THAT 20 PERCENT OF THE MALE AND 27 PERCENT OF THE FEMALE OFFENDERS REMANDED WERE FIRST-TIME OFFENDERS WITH NO APPARENT NEED FOR EVALUATION. FURTHER, 44 PERCENT OF THE COURT DOCUMENTS CONTAINING THE REQUIRED JUSTIFICATION FOR THE REMAND NEVER REACHED THE DOCTORS. DOCTORS FELT THAT 35 PERCENT WERE BEING EVALUATED BECAUSE OF THE NATURE OF THE OFFENSE AND 34 PERCENT BECAUSE OF SUSPECTED MENTAL ILLNESS. THE CONTROL STUDY WAS DONE TO COMPARE REMANDED AND NONREMANDED OFFENDERS; IT WAS FOUND THAT LITTLE DIFFERENCE EXISTED BETWEEN THE MEDICAL MAKEUP OF THE TWO GROUPS. THE THIRD STUDY CONCERNED MEDICAL REMANDS BY HIGH COURTS, WHICH WERE FOUND TO USE MEDICAL REMANDS MOST FREQUENTLY FOR OFFENDERS ACCUSED OF SERIOUS CRIMES. CONCLUSIONS ARE PROVIDED REGARDING THE STUDIES AND IT IS RECOMMENDED THAT GREATER USE BE MADE OF COMMUNITY DOCTORS OR SOCIAL AGENCIES FOR REMANDS BY THE MAGISTRATES' COURT. THIS WOULD NOT ONLY REDUCE CROWDING IN LOCAL PRISONS, BUT WOULD ALSO REMOVE THE STIGMA OF INCARCERATION AND WOULD HASTEN THE REINTEGRATION OF THE OFFENDER INTO THE COMMUNITY. RELEVANT TABULAR DATA ARE PROVIDED, AS ARE EXCERPTS FROM THE REPORT OF THE BUTLER COMMITTEE ON MENTALLY ABNORMAL OFFENDERS, A DISCUSSION OF THE USE OF CHARGE SHEETS AS DOCUMENTARY SOURCE BY MEDICAL EXAMINERS, A COPY OF THE SURVEY INSTRUMENTS USED IN THE STUDY, AND STATISTICS GATHERED AS BACKGROUND FOR THE STUDY. REFERENCES AND AN INDEX OF STATUTES ARE ALSO PROVIDED. (GLR)