Evening star., 1928-06-12

Recommendations by the National
Crime Commission that experts should
act independently of jurieS in passing
judgment on the mental conditions Of
defendants in criminal cases are strong
ly Endorsed by the public. Under the
commissions proposal. the plan in force
in Massachusetts, and Colorado is ac-
cepted as AN example OF advancement
made In this direction The examination
OF the defendant Is conducted in ad-
vance of trial.
Among those papers which refuse TO
accept the recommendations Is the
Columbus Ohio State Journal, which Is
strongly for the retention of the jury
trial" However it agrees with Newton
d. Baker chairman of the commission.
that "the plea Of insanity Is brought
forward Gs a means of enabling the de-
fendant 10 escape the Just penalty OF
his crime" and. further, that "the en-
ployment OF alienistS. to testify for the
side they are paid by. has become a
national scandal" while the State
Journal believes that "alienists called
upon TO testify as TO the sanity OF
person accused Of crime should be en-
ployed by the State and not subjected TO
the big money temptation which some
defendants are able TO put in their way"
~ IgSlS shhS 1uIlSS Vi iAyttlSH SLuu4O
make the decision, without being "bs-
fuddled by the technical talk OF
psychiatrists."
''The public is not ready to take from
the courts and give TO committees OF
psychiatrists authority over the liberty
Of all citizens" declares the St. Paul
Dispatch, which states: In America
the number OF people held for mis-
uemeanors each year Is enormous. Many
OF the offenses are Of technical nature
involving no moral blame and no I'M
plication OF mental Incompetence. To
hold official inquiry into the mental
status Of all these would be needless
and impossible. Psychiatry is not an
exact science. 1t Is impossible as yet
to determine with mathematical pre-
ctsion all questions about the mental
status OF individuals. AiieniSts often
disagree among themselves"
~
On the side of the commissions
recommendation the Pittsburgh Post
Gazette argues: "unquestionably some
of The defendants are mentally unbal-
aneed. In such cases, the committee
c iph sizes. II is the criminal and not
the crime that must be dealt with
This brings out the common sense 10 lc
to apply: Even though the crime itself
might not call for permanent detention
of the accused. II 1t shows him possessed
OF weaknesses and criminal trends,
making him a constant menace To So
ctety tha only course consistent withi
public safety Is TO lock him up for life.
or until there Is positive evidence that
he has been cured. Whatever
the method adopted finally. 1t is plain
that the public Is becoming aroused over
Al
insane and then permitting them 10 be
at large again after a short incarcera-
tion!'
1T will be no easy problem" IN the
opinion of the Newark Evening News
TO weave this into law that will both
protect the State against cunning law
yerS working for the prisoners release
and protect prisoners against the abuse
OF expert authority. Still. 1t Is prob
lem that must be tackled One phase of
this problem has been considered by a
committee of the New Jersey Bar ASSo-
citation, which reported In favor of
legislation to have expert witnesses
appointed by the court fixing their
compensation and deharring them from
receiving other pay for their services"
The Hartford Times adds Still another
feature. with the statement; Gov.
Smiths plan, which Is not mentioned by
the subcommittee of the commission.
provides for the determination OF the
mental condition OF the prisoner by
board OF experts after he has been
found guilty by the court or jury, This
seems In many Ways more sensible than
to use the prisoners mental condition
against him before the facts Of the
crime are known"
y
Agreement With the Crime Commits
sion Is voiced by the Cleveland News
with the comment Society would b.
faved the frequent threat To lis STABILITY ,
from the ridiculous decisions OF iuries
awayed by q curious mixture OF senti. ,
ment and Ignorance The accused
whether rich OF poor. would enter court