Evening star., 1953-01-25
Lunocy
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NNO1lCII1ueO fTOm E1rSC Hage.J
finds the man unfit for trial and
he goes to ST. Elizabeths Hospi-
tai.
A few months later, st. Eliza
beths reports the man of sound
mind and At for trial. Then the
defense claims the man was OF
unsound mind at the time the
crime was committed. The pros
ecutor checks with the psychia-
trists. is told the man was OF
unsound mind at the time Of the
crime, and asks the judge to
dismiss.
New Procedure Outlined.
Here is the new procedure out
lined by Mr.. Irelan:
sunless evidence has been pre-
Sented to this Office by the Jail
officials or some other respon-
sible official indicating that a
defendant is obviously unable
to proceed to, trial because of a
mental disorder. the burden
is on the defense to file a written
motion under oath with a state
ment of facts making out a
reasonable basis for reference
of the case to a psychiatrist for
study.
IF the court-appointed psy-
chiatristS file a report indicating
a state of present insanity, or
such other mental incompetency
as contemplated by the statute in
the accused, and the assistant
United States Attorney is not
satisfied with the reports of the
pSychiatrists, it is directed that
a prompt written application be
filed with the court to have other
psychiatrists examine the ac-
cuSed.
IF conflict of opinion de-
Ve1opss it should be kept In mind
that at the hearing Of the issue,
the burden of proof is on the
moving party to prove the in.
competence Of the accused"
Mr.. Irelan explained this part
Of the new procedure by saying,
"We intend to attack the claims
Of mental incompetency the first
time they appear rather than
later when the man returns from
st. Elizabeths and claims he
was insane at the time of the
crime"
Opinion to Be Asked.
The new order goes on to
outline the procedure when a
defendant has been sent to st.
and is returned as
now competent to stand trial.
"The assistant" the order con-
tinued, should then determine
in his considered judgment
to proceed to trial with
the case. It is directed that let
terS be directed to the superin-
tendent Of Gallinger Hospital, If
their psychiatric staff examined
the defendant, to any private
psychiatrist who may have ex-
amined the defendant, and to
the superintendent Of st. Eliza
beths Hospital. requesting their
opinion in writing, if they are so
able to state, as to the mental
condition of the accused at the
time Of the commission of the
alleged offense.
"The letter should state that
the precise question to be de-
termined is whether the de-
fendant at the time of the al
legged offense was able to dis
tinguish between right and
wrong or was unable to embrace
the right and resist the wrong.
mo motion to dismiss such
case on the grounds of insanity
at the time of the commission of
the alleged offense should be
considered unless the assistant is
beyond any question
that the defendant was in such
condition.
Extreme care should be given
to cases where the accused is
released from st. Elizabeths Hos
pital shortly after his commit
ment."
IreIan's Approval Required.
Mr.. Irelan said he was aware
that st. Elizabeth's psychiatrists
are reluctant to express an opin-
ion on the man condition at the
time Of the crime. He added.
however, that the request for
information meant his Office
wanted to know anything they
could report about the mans
condition - including any SuS-
picion that the mental illness
was feigned. He also pointed out
that st. Elizabeths might be will
ing to say whether the mans
possible mental disorder ap-
peared to be Of long or short
duration.
Usually. st. Elizabeth's keeps
a defendant at least three
months even If the mental illness
is suspect. It was explained it
takes that long to make q COM
plete examination and collect q
full history on the defendant.
Mr.. Irelan's procedure for dis
Inissal specifies that his approval
must be obtained and the assis-
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