Evening star., 1948-02-13

beths Hospital, his release being dependent
upon whether or not cure has been effected.
Similar statutes have been enacted in a
number of jurisdictions. The experience in
these jurisdictions, however, is quite. scanty.
inasmuch as for the most part they are of
comparatively recent enactment.
Some information is available, and as
result of experience in the operation of these
statutes, certain difficulties have arisen which,
If not corrected, may curtail the effectiveness
of the statute.
Thus, Illinois has tried six cases under the
statute, resulting in the commitment Of five;
California has committed an average of Al
yearly since 1910, of which i've were recon-
mitments and during the same period twelve
were released annually and Michigan has COM
mitted 228 since 1899.
Enforcement Difficulties.
The difficulties encountered and the recon-
mendations made to overcome these difficult
ties, particularly in the operation of the I'LL
nois statute, were found to be that:
> /. Separate and adequate institutions should
be provided for the sex psychopath. Many
psychiatrists believe such facilities must be
provided for them to work effectively. With
out these separate and adequate facilities
many were hesitant about participating in the
program.
q The indefinite length of time to which
person convicted is committed under the stat
ute imposes too great responsibility upon the
psychiatrist, who is unwilling to accept such
responsibility unless the accused Is represent
ed by an attorney to further the accused's in
terests.
3. Only the most serious offenders should
be tried under the statute
4. The psychopath, convicted under the stat
ute but who refuses to cooperate in effecting
a cure, raises serious problem since one Of
the essentials of effective treatment is CO.
operative attitude by the psychopath.
Some Of these obstacles have been met In
the proposed statute for the District. Thus,
one of the most serious, the unco-operative sex
psychopath, has been promised immunity from
prosecution for information divulged under
psychiatric examination and treatment as an
inducement to accepting such treatment. If,
however, the sex offender convicted under the
statute, despite this is still unco-operative, he
may then be adjudged in contempt of court.
AS to whether or not separate institution
Is necessary Is dependent to a great extent on
the practical experience acquired in working
with the statute If only the most serious
offenders are committed, then it may not be
Immediately necessary. But such decision can
not, 1t is believed be adequately made in
advance of practical experience.
Finally, the law grants the accused as
matter Of right, representation by legal counsel
throughout the hearing under the statute. 1t
is agreed by all observers in the field that the
principle of indefinite sentences is dangerous.
But there are safeguards to the improper use
of such commitments. The first Is the psy-
chiatrist, whose only interest being that Of
correcting the abnormality, would normally
advise the release Of the convicted psychopath
as soon as a cure has been effected. The second
is that by writ of habeas corpus any person
can test whether his continued confinement is
unwarranted thus providing a safeguard
against unreasonable confinement
The foregoing is necessarily brief sum-
mary and discussion of the statutory efforts
being made to cope with problems raised by
the sex crime. 1t is not offered as the complete
answer. No law ever is the complete answer
to any social problem. But these proposals, in
eliminating the known weaknesses in the Code,
and providing for the indefinite commitment
of the criminal sexual psychopath, accomplish
two immediate and necessary objectives. They
provide increased protection for the community,
and the basis fors determining the cause and
prescribing the cure for the criminal sexual
psychopath.