ROLE OF DEFENSE COUNSEL IN THE CRIMINAL COMMITMENT PROCESS

• NCJ Number: 6987
• Journal: American Criminal Law Review Volume: 10 Issue: 3 Dated: (SPRING 1972) Pages: 385-430
• Author(s): R J GOLTEN
• Date Published: 1972
• Length: 56 pages
• Corporate Author: American Bar Assoc.
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE RIGHTS OF CRIMINAL DEFENDANTS COMMITTED TO MENTAL HOSPITALS FOR EXAMINATION AND TREATMENT ARE DISCUSSED.

Abstract

ALL TOO FREQUENTLY ATTORNEYS ARE REMISS IN THEIR DUTY TO PROTECT THE RIGHTS OF CRIMINAL CLIENTS WHO ARE COMMITTED TO MENTAL HOSPITALS. THIS ARTICLE EXAMINES THE NATURE OF AN ATTORNEY'S OBLIGATION TO A CRIMINALLY COMMITTED CLIENT, THE KINDS OF RIGHTS THAT NEED PROTECTION AND THE MEANS AVAILABLE FOR PROTECTING THOSE RIGHTS. THE DISCUSSION FOCUSES FIRST ON THE RIGHTS OF CRIMINAL DEFENDANTS WHO ARE COMMITTED TO A MENTAL HOSPITAL IN ORDER TO DETERMINE COMPETENCE TO STAND TRIAL OR AS A RESULT OF A SUBSEQUENT VERDICT OF NOT GUILTY BY REASON OF INSANITY. IT ALSO COVERS THE RIGHTS OF PRISONERS WHO ARE COMMITTED AS A RESULT OF BEING FOUND MENTALLY ILL DURING CONFINEMENT IN A PENAL INSTITUTION. SOME OF THE RIGHTS EXAMINED INCLUDE THE RIGHT TO A COMMITMENT HEARING WITH FULL PROCEDURAL SAFEGUARDS, THE RIGHT TO CONTINUED ASSISTANCE OF COUNSEL, THE RIGHT TO COMPETENT AND APPROPRIATE TREATMENT, AND THE RIGHT TO REGULAR REVIEW AND RELEASE WHEN ELIGIBLE.