NCJ Number
53232
Journal
Police Chief Volume: 45 Issue: 5 Dated: (MAY 1978) Pages: 42-44
Date Published
1978
Length
3 pages
Annotation
THE ABILITY OF A POLICE OFFICER TO OBSERVE A SUSPECT'S BEHAVIOR AT THE CRIME SCENE IS CONSIDERED IMPORTANT IN INSANITY PLEA CASES. DEFENSE ATTORNEYS AND PSYCHIATRISTS ARE SAID NOT TO HAVE THIS ADVANTAGE.
Abstract
THE TITLE OF THE ARTICLE IS A MISNOMER. IT IS ACTUALLY ABOUT THE POLICE OFFICER AND THE INSANITY DEFENSE. IT IS POINTED OUT THAT, TRADITIONALLY, RESPONDING OFFICERS CAREFULLY PRESERVE PHYSICAL EVIDENCE. HOWEVER, OBSERVATIONS ABOUT THE BEHAVIOR OF THE SUSPECT IMMEDIATELY BEFORE THE CRIME ARE OFTEN NOT MADE. AS A RESULT, THE PROSECUTING ATTORNEY HAS LITTLE HARD INFORMATION TO USE TO EVALUATE THE LEGITIMACY OF AN INSANITY PLEA. THE LEGAL BASIS FOR AN INSANITY DEFENSE IS BRIEFLY PRESENTED, ALONG WITH SIGNIFICANT JUDICIAL DECISIONS ON THE SUBJECT. THE MORE COMMON FORMS OF MENTAL ILLNESS ENCOUNTERED BY POLICE OFFICERS ARE BRIEFLY DESCRIBED. A CHECKLIST OF OBSERVATIONS WHICH SHOULD BE MADE BY THE INVESTIGATING OFFICER IS GIVEN. IT INCLUDES INFORMATION ON THE USE OF ALCOHOL, TRANQUILIZERS, OR DRUGS, DEFENDANT ACTIONS AT THE TIME OF THE CRIME, AND DEFENDANT ACTIONS IF TWO OR MORE PERSONS WERE INVOLVED. OBSERVATIONS OF SUSPECT BEHAVIOR MADE WHEN SUSPECTS DO NOT THINK THEY ARE BEING WATCHED ARE ESPECIALLY VALUABLE. HISTORIES OF MENTAL DISORDERS, LEARNING DISABILITIES, OR MENTAL ILLNESS SHOULD BE GATHERED ALONG WITH INCIDENTS OF BIZARRE MANNERISMS, ILLOGICAL BEHAVIOR, OR VIOLENT TEMPER OUTBURSTS. A CASE STUDY IS GIVEN TO SHOW HOW WELL SOME DEFENDANTS ARE ABLE TO PROJECT AN IMAGE OF MENTAL ILLNESS WHEN THEY WISH TO. OBSERVATIONS BY THE POLICE OFFICER AT THE SCENE CAN HELP REFUTE SUCH ACTING DEMONSTRATIONS, OR CONVERSELY, SUSTAIN AN ACQUITTAL BY REASON OF INSANITY. FOOTNOTES CONTAIN REFERENCES. (GLR)