NCJ Number
11223
Journal
Criminal Law Bulletin Volume: 9 Issue: 3 Dated: (APRIL 1973) Pages: 197-252
Date Published
1973
Length
56 pages
Annotation
ANALYSIS OF THE PROBLEMS ASSOCIATED WITH THE WAY IN WHICH THE LAW DEALS WITH THE MENTALLY DISABLED OFFENDER.
Abstract
THE AUTHOR CONTENDS THAT THERE IS MUCH CONFUSION ABOUT STATUTORY POLICY AND TERMINOLOGY, ESPECIALLY IN THE AREAS OF CIVIL COMMITMENT, COMPETENCY TO STAND TRIAL, AND CRIMINAL IRRESPONSIBILITY. SHE LIKEWISE SUGGESTS THAT THE UNDERLYING RATIONALES FOR THE INSANTY DEFENSE, COMPETENCY DETERMINATIONS, AND COMMITMENTS ARE NO LESS CLEAR. LEGISLATIVE, INSTITUTIONAL, AND PROCEDURAL REFORMS ARE DISCUSSED. CERTAIN CONCEPTS SUCH AS PREVENTIVE DETENTION, MANDATORY COMMITMENT TO A MENTAL HOSPITAL, INDETERMINATE COMMITMENT AND PRELIMINARY SCREENING ARE EXAMINED. EMPHASIS IS PLACED ON THE RIGHTS AND NEEDS OF THE MENTALLY ILL DEFENDANT.