Evening star., 1953-01-24
The Insanity Plea

accused killer William Roland White, is men,
tally competent to face trial represents a
notable break in a pattern that had become
increasingly evident for months. Another break
in the pattern came earlier in the week when
Chief Judge Bolitha ]. Laws refused to dismiss
the cases Of two other defendants without fur
ther study of their mental condition.
In the White case, Government prosecutor
refused to accept at face value the finding Of
two psychiatrists that White was of unsound
mind and mentally incompetent to stand trial
at this time. The prosecutor got court permis-
sion for examination of White by two other
psychiatriSts. The first two pSychiatrists,
testifying for the defense repeated their earlier
diagnosis. The second pair, testifying for the
Government, called White psychopathic per-
Sonality and an anti-social young man, but said
he was not mentally i'll. Judge Holtzoff ruled
that the burden of proof was on the defense to
prove their client mentally incompetent to
stand trial, since the defense had asked for the
lunacy hearing He also ruled that the defense
had not proved its case. The prosecutors de-
cision to fight this case differed from the norm,
since in the past most of the assistant United
States attorneys have not only accepted the
decision of the first two psychiatrists but have
even taken the initiative in asking for the
lunacy hearing
AS The Star pointed out last Sunday, de-
PENDANTS in criminal cases have been claiming
they are mentally incompetent to stand trial.
These claims have been Substantiated by two
Gallinger Hospital psychiatrists. In such cases,
the court listens to the expert testimony usually
unchallenged by the Government, and finds the
defendant unable to assist his counsel in his
own defense. The defendant goes to st. Eliza
beths where, in a few months, he is pro-
nounced fit to stand trial At that point, defense
attorneys claim their clients were of unsound
mind at the time Of the crime The prosecutor
checks with the two psychiatrists who made the
original investigation, is assured that the de-
fendant was indeed of unSound mind and the
prosecutor recommends dismissal
That procedure was followed in the cases
of the two defendants earlier this week. Judge
Laws, however, made it clear he would not drop
the cases solely on a report of unsound mind.
He wanted to know If the defendants could
distinguish between right and wrong and
whether or not they were able to embrace the
right and resist the wrong-the legal test of
whether man can be held responsible for his
acts. He proposed that the St. Elizabeths
psychiatrists who had observed the defendants
for months should be consulted
The court discussions in these cases as we'll
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of court made it clear that the whole question
of mental illness as method of escaping trial
merits considerably more study than it has been
given. Obviously, there are prisoners in need
of psychiatric treatment. Some are of unsound
mind now and probably were at the time of the
crime. The trials of some of them should be
postponed until they have recovered. Some
should be found not guilty by reason of insanity
and hospitalized after trial. But the ends Of
justice should not be permanently thWarted
by legal nlaneuvers, casual assumptions or
misunderstanding of psychiatric terms.
AS first step, the United States Attorney
might confer with the Gallinger and st. Eliza
beths psychiatrists to arrive at clear mutual
understanding of the difference between mental
competence to stand trial and legal sanity at
the time the crime was committed. Arrange
ments then could be worked out between the
United States Attorneys Office and st. Eliza
beths Hospital for a full report of a mans
mental condition, rather than a simple state
ment that the man IS now competent to stand
trial. And obviously, in view of the startling
increase in the number of requests for mental
examinations, both psychiatrists and prosecu-
tors should be on the alert for all indications
of malingering.