SOCIAL STRUCTURAL CONTINGENCIES IN THE DECISIONS OF CRIMINAL COURTS TO COMMIT DEFENDANTS AS INCOMPETENT TO STAND TRIAL AND CRIMINALLY INSANE

• NCJ Number: 50968
• Journal: Criminal Justice Review Volume: 2 Issue: 2 Dated: (FALL 1977) Pages: 111-130
• Author(s): W B BANKSTON; H H FLOYD; D R MCSEVENEY
• Date Published: 1978
• Length: 20 pages
• Corporate Author: Georgia State University
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: REVISED VERSION OF PAPER PRESENTED TO THE DEVIANCE AND SOCIAL CONTROL SECTION, ANNUAL MEETINGS OF THE SOUTHERN SOCIOLOGICAL SOCIETY, APRIL 1976, MIAMI BEACH, FLORIDA

Annotation

THIS LOUISIANA STUDY USED PATH ANALYSIS TECHNIQUES TO EXAMINE THE EFFECTS OF SIX VARIABLES ON THE PROCESS OF COMMITMENT OF CRIMINAL DEFENDANTS AS INCOMPETENT TO STAND TRIAL.

Abstract

THE RATES OF FORENSIC MENTAL HOSPITAL COMMITMENTS IN THE PARISHES (OR COUNTIES) OF LOUISIANA WERE ANALYZED IN TERMS OF: (1) MILEAGE OF PARISH SEAT TO THE STATE'S SINGLE FORENSIC FACILITY; (2) RURAL OR URBAN CHARACTER OF PARISH; (3) SIZE OF METROPOLITAN AREAS AND THEIR RELATIVE WEALTH; (4) RELIGIOUS AND CULTURAL ETHNICITY; (5) RELATIVE POWER OF THE PARISH POPULATION TO INFLUENCE CRIMINAL COURT OUTCOMES; AND (6) COMMUNITY CLIMATE OF REPRESSIVENESS. THE PAPER DISCUSSES THE COMMITMENT PROCEDURE AND ANALYZES THE POLITICAL AND SOCIAL CLIMATE OF LOUISIANA. DISTANCE TO THE STATE HOSPITAL CAN BE A SIGNIFICANT VARIABLE BECAUSE TRANSPORTING THE OFFENDER, ACCOMPANIED BY TWO DEPUTIES, TO AND FROM THE FACILITY IS VERY EXPENSIVE. THE FACTORS CHOSEN TO REPRESENT THE RELATIVE POWER OF THE POPULATION AND THE COMMUNITY CLIMATE OF REPRESSIVENESS ARE EXPLAINED. THROUGH PATH ANALYSIS, IT WAS FOUND THAT COMMITMENT RATES WERE LOWER IN RURAL PARISHES, POOR PARISHES, THOSE NOT INCLUDED IN STANDARD METROPOLITAN STATISTICAL AREAS, THOSE WHICH WERE FAR FROM THE STATE FACILITY, THOSE WHICH WERE MOSTLY NONWHITE, AND THOSE WITH A HIGH RATIO OF LAW ENFORCEMENT PERSONNEL (A MEASURE OF REPRESSIVENESS). HIGH COMMITMENT RATES WERE ASSOCIATED WITH CATHOLIC AND ACADIAN POPULATIONS AND LOW VIOLENT CRIME RATES. RESEARCHERS WERE SURPRISED THAT NONWHITE POPULATIONS WERE ASSOCIATED WITH LOW COMMITMENT RATES AND CATHOLICS AND ACADIANS WERE ASSOCIATED WITH HIGH RATES. POSSIBLE REASONS ARE EXAMINED. OF ALL THE FACTORS, DISTANCE FROM THE STATE FACILITY WAS MOST SIGNIFICANT. EXTENSIVE REFERENCES ARE APPENDED. (GLR)