Evening star., 1953-01-18
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sible for committing the crime
The probability that the case
will never go to trial is obviously
one reason for the sudden in
crease in the number of mental
examinations requested.
Laws Issues Order.
Late last week Chief Judge
Bolitha j. Laws of U. S. District
Court for the District of Colum-
bia issued an order aimed at
tightening up at least the proce-
dure for getting mental exami-
nations and forcing defense at
torneys to offer some sworn proof
that their client might be men
tally i'll. This notice from Judge
Law was issued to counsel in
criminal cases:
THE court has been expert
encing delays in trials of Grim
inal cases due to oral applica-
tionS for mental examinations of
defendants. Many of these ap-
plications are not made until
on or shortly before the date
set for trial of the criminal case.
In some instances, this has re-
suited in the district attorneys
not being able to have adequate
opportunity to consider whether
the motion should be granted
and, further, in forcing continu-
anceS.
Hereafter, motions for mental
observations must be filed in
writing and under oath. with a
statement of facts making out
a reasonable basis for reference
of the case to a psychiatriSt for
study. Such motion should be
served on the district attorney
at least three days in advance of
presentation to the court. If for
any reason, this is not possible,
applicant should point out in his
petition facts showing why the
application was not presented
earlier. The responsibility of
drawing the written order of the
court for the reference will be
upon the moving party"
Star Survey Cited.
A survey by The Star indicates
the number of prisoners found
unfit to stand trial has approx
mately doubled in the past year.
In two out Of three cases, The
Stars survey of 1852 shows, the
request for a mental examina-
ton is followed by a finding Of
unsound mind.
In 1852, defense attorneys for
10 prisoners asked mental exam
nations for their clients. DR.. Jo-
seph L. Gilbert Of Gallinger Hos
pital, the Districts alienist. and
his assistant, DR.. Amino Perretti,
found 81 of these prisoners of
unsound mind and 80 of sound
mind. They have not yet reported
in IL cases.
Racket Suspected.
Police, prosecutors and some
judges, startled by the sudden
increase in the demand for men
tai examinations and the un-
sound-mind findings, suspect the
demand may be reaching racket
proportions.
ST. Elizabeths Hospital psy-
chiatrists, who keep these pris-
oners under observation for
months, suspect malingering in
some cases. It is easier to spot
shamming when prisoner is
kept under 24-hour observation
for months than when he is
visited a few times at the jail.
Yet these psychiatrists are rarely
called by the prosecutors to learn
if their diagnosis agrees with
that of Drs. Gilbert and Perretti
who made the original mental
examinations in the Jail visits.
Whenever a prosecutor is
asked why he dropped one of
these cases. he simply replies
that DR.. Gilbert said the man
was of unsound mind at the
time the crime was committed
The defendant never even gets
around to entering plea of not
guilty because of insanity at the
time of the offenSe.
Actually. that's a lot tougher
to prove IN court than mental
competence to stand trial.
To be freed by reason of in
/ sanity. the defendants attorney
must prove that the man could
not distinguish between right
and wrong, could not withstand
an irresistible impulse and was
not responsible for what he did
To have a trial postponed be-
cause the man is mentally in
competent to stand trial at this
time is a comparatively simple
matter. 1t need only be shown
that he is presently insane or
Observation-Disclosures