Evening star., 1928-06-10
The Insanity Defense.

with the so-called insanity defense in
capital cases has been manifest In this
country. rising to the point of general
demand for the reform of the laws and
practices relating to the trial of those
accused of grave crimes This demand
reached its highest pitch OF emphasis
when George Remus, accused of the
murder of his wife and having no de-
tense on the ground of fact, was ac-
quilted on the plea of mental irrespon-
sibility. The National Crime Commits
sion. a body Of eminent citizens en-
gagged in q study of the problem of law
breaking and law enforcement in this
country. has received from one OF its
special committees, that on "the jury
and the insanity plea" report which
brings to a focus this protest against
an abuse which In great many in
stances is nullifying the law.
This committee is composed Of a
number of eminent jurists. lawyers and
students of criminology It's report con-
stitutes an important document. the ef-
feet Of which may be potent iii develop
ing a new practice throughout the
United States. IN making 1t public,
Newton D. Baker. chairman of the
National Crime Commission, says:
It is the general belief that the plea
Of insanity Is brought forward for the
defendant as a way of escaping from
4as~S a A.
vaflced In good faith as the correct ex-
PLANTATION for the acts Of the accused.
no matter how heinous the crime may
have BEEN no matter how clear and
direct the evidence connecting the ac-
cused with the crime, under our present
system Of letting the jury determine
the mental condition of the prisoner.
there Is always a chance that twelve
layfnen. unable 10 determine for them
selves between the conflicting statements
Of experts hired by both sides, or per-
haps moved by an eloquent plea for
their sympathy against their better
judgment, viii decide to bring In ver-
6ict Of irresponsibility as a way out OF
coEldemning the accused TO long penal
sentence or even to the electric chair.
The committee, after years survey.
recommends the general adoption Of the
system In vogue in Massachusetts, as a
v'ay out Of "a disgraceful situation con-
fronting American justice today, as
typifled by the Remlis case" The laws
IN that state require that whenever a
person is indicted for capital offerse.
or Tor any other offense more than
once or has been previously convicted
OF a felony. the State department of
mental diseases shall be notified. to the
end that the defendant shall be ex-
anined. before trial, with a view TO de-
tsrminins the existerce or non-existence
OF any mental disease or defect which
would affect his criminal responsibility.
The department files report Of its In
vestigation with the clerk OF the court,
that report being accessible to the court.
the district attorney and the attorney
for the accused. and is admissible as
evidence Of the mental condition Of the
acclised.
Colorado has somewhat similar eys-
tenn. providing for the commitment OF
the defendant 10 State hospital for
mental disease for observation for a
period not exceeding one month i'm
niedlately upon the making Of plea
OF insanity The judge may appoint
o commission Of one or more physicians.
specialists In mental diseases. TO examine
the defendant during that period. and
he may call these physicians as Wit
nesses at the trial After the period Of
observation the case may, in the discre-
ton Of the court, either be set for trial
on the insanity issue alone and the
defendant committed 10 the custody Of
the state hospital, or held for trial. de-
pendent upon the verdict Of the jury.
or be tried on the main issue.
The purpose Of these State laws is
10 prevent the confusion Of questions
Of fact and Of mental responsibility at
the trial Of the accused. The two are
separated, that Of insanity being deter
nined by the States own representa-
tayes. that Of legal responsibility being
met by the Jury. without reference 10
the mental state Of the accused
II Ii the hope Of the National Crime
Commission that when the Legislatures
Of the States meet next Winter the
press and the public will unite in de-
naand for the reform Of the criminal
codes Of the States along the lines of
Massachusetts ana Colorado. The Dis
ufet Of Columbia should he included in
this program Of correction Of an abuse
that IL virtually nuIlifying the Law
against murder ana other heinous
crimes,