Evening star., 1954-11-19
Peril 10 Society
Criferia Urged |!
By0yerholser |
Joil or IHospitoI
Not First Concern,
Bdir Group Told

DR.. Winfred Overholser. st.
Elizabeths Hospital superintend-
ent, said yesterday it does not
matter whether an offender is
confined in jail or a mental hos
pital, so long as he is confined
while he is a danger to society.
Addressing the American Bar
Associations special committee
on improving the administration
of justice. DR.. Overholser said:
"The public should be less
concerned with the place of con-
finement Of an offender than
with the protection of society
by retiring a dangerous offender
from circulation.
est. E1izabeths Hospital will
certainly attempt to do its part,
as 1t always has, in protecting
society It may be suggested that
a person who is committed to a
mental hospital after committing
an offense may be detained for
a longer period than IL he were
given a conventional sentence"
Discusses Court Decision.
DR.. Overholser was discussing
the decision Of the U. s. Court
of Appeals for the District of
Columbia, which broadened the
test Of insanity in criminal cases.
"The Misrepresentation has
been expressed" he said, "that
If a patient is returned from st.
Elizabeths Hospital as competent
to stand trial, this means that
his mental condition is such that
he cannot be detained as a pa
tient If he is found not guilty
by reason Of insanity and re-
turned to the hospital.
The criteria to determine fit-
ness for trial are quite different
from those for determining
criminal responsibility"
While he said he did not ex-
pect a flood of acquittals by
reason Of insanity-as a result
OF the new tests-he noted that
the law has provided for so
years that those acquitted an
grounds of insanity can be ad-
mitted to the hospital and the
hospital can hold them until
they are so completely restored
to sanity that they can be re-
leased without danger to others" !"
Judges in Audience.
Il the patient files a petition
for a writ of habeas corpus, he.
said, the patient fntist make it
clear that he could safely be
released to the community.
II hope the courts will be
helpful when it comes to con-
sidering these habeas corpus ac-
tions." DR.. Overholser pointedly
told his audience, which included
a number of judges.
AS for the decision of itself, DR..
OverholSer said it is being
widely hailed by psychiatrists.
Now for the first time here, he
added, the psychiatrist is free
to speak to the jury as a psyche
artist, rather than as a special
list in legal concepts of respon-
sibility.
DR.. Overholser opposed what
he called "embalming" any def
milton of insanity by legislation.
He did, however, propose two
laws, long on the books of Mas
sachusetts. One would REQUIRE
the mental examination of every
serious offender. Another would
commit for his natural life every
accused murderer found not
guilty by reason of insanity. The
latter proposal would allow for
the ultimate release of such a
patient if it were determined
that he was no longer a danger
to the community. Both pro-
posals. said DR.. Overholser, would
discourage frivolous pleas of in
sanity or of undtness for trial"
Reports on Clinic.
DR.. Thomas e. Griffin, head
Of the new division Of Legal
Psychiatric Services, reported on
the operation of the new court
psychiatric clinic. He said it has
been estimated that the various
agencies using the clinic courts,
probation and parole Offices and
the Department of Corrections
could use the clinics services in
a maximum of 1000 and a mini
mum of $50 cases a year. He
said as the clinic is now Set up,
it will be able to handle 500.
Citing the advantages Of the
long sought clinic, DR.. Griffin
said its scientific approach
should be valuable to law en-
forcement, that it fills a gap
in services responsible for con-
siderable delays, that it provides
a well-rounded study of the per-
son examined. that by serving
a number of law enforcement
and corrective agencies it could
examine prisoners at any stage
OF his progress and that it hoped
to 60 beyond determining sanity
to suggest corrective treatment.
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