Evening star., 1954-11-14
Experfsvoice
On Sanity Tests
overhoIser, chsyes
Soy New criteriu
Would Aid jules

A pSychlatrlst and an attorney
said yesterday the nsw court
sanity test would enlighten ju-
ries. A prosecutor predicted it
would confuse them.
At issue during a panel debate
at George Washington Univer-
sity's first Law Day was the test
spelled out last summer by the
U. S. Court Of Appeals for the
District of Columbia.
The new test: If a jury finds
that a mental disease or mental
defect caused q person to COM
NIT q crime, he should be found
not guilty by reason Of insanity.
This test replaces these long
standing rules: II a jury finds
the defendant could not distin-
guish between right and wrong,
or Is so mentally -deranged that
he is impelled to commit the
crime by an irresistible impulse,
he should be found not guilty
by reason of insanity.
Overholser, Chayes on Panel.
Both DR.. Winfred Overholser,
superintendent of St. Eliza
beths Hospital, and Abram
Chayes, attorney appointed to
advise the court in another of
last summers insanity cases and
quoted in this case. argued that
under the new test, juries are
more likely to come to a right
conclusion than under the old
tests.
Both said psychiatrists dis
liked the limitations of the old
tests Of criminal responsibility.
DR.. Overholser said psychiatrists
have learned much in the past
so years and now recognize that
unconscious drives play a much
greater role in a mans actions
than the Victorians thought.
Mr.. Chayes said that under
the new test, psychiatrists will
be able to talk more clearly,
more psychiatrists viii be will
ing to testify and juries will
have more freedom to make
moral decisions.
Mr.. Chayes defended mental
disease or mental defect" BY not
defining them further, he said,
psychiatrists will be able to tes-
tify on the basis of current
knowledge of psychiatry.
There were differing inter-
pretations of what the effect
of the new test will be on law
enforcement, the courts and the
community-although all three
agreed it's too early 70 tell.
Said Mr.. Chayes: 81 don't
think that many more defend
ants will be acquitted. I do think
there will be far fewer reversals
by the appellate court"
80 Insanity Acquittals.
DR.. Overholser said the prob
lens of his hospital may be
accentuated. He reported that
about 30 defendants and persons
acquitted by reason of insanity
are now waiting at District Jail
to be admitted and he did no.
tice an increase in recent months.
Mr.. O'Brien said the decision
in the case under discussion
should be regarded as one part
OF a mosaic-the other parts
being made up of the other ap-
pellate decisions that make it
easier to get mental examina-
tions and provide for a second
court hearing on mental COM
petence to stand trial.
The ease with which the de-
fenSe may raise the question of
mental competence to stand trial
and the lack of medical facilities
at the present time to detect
malingerers, he said, give a
criminal a potential advantage
to delay and frustrate justice
and possibly to develop a con-
venient history of mental COM
mitment in order to raise the
defense Of insanity"
Eventually, he added, the stage
Is reached where the Secretary
OF Health. Education and We'll
fare (Which has Jurisdiction over
st. Elizabeths) must arbitrarily
measure the community interest
against the available beds ito
make the acquitted comfortable
until he challenges by habeas
corpus the power to further de-
tain him."
Cites Massachusetts Law.
DR.. Overholser said a man can
be fit for trial but still not sane
enough for release to the COM
munity. He said he was willing
to defend the hospitals right to
hold persons found fit for trial
but acquitted because of in
sanity at the time of the crime.
Mr. Chayes quoted The Star
as saying that if a person were
found mentally fit for trial and
then was acquitted on grounds
OF insanity he was ineligible" to
be committed to a mental hos
pital. After the panel discus
sion. it was pointed out to him
that The Star did not say such
q defendant was ineligible" to
go to a mental hospital, but did
say that If the person were now
sane, the mental hospital could
not hold him.
Star Draws Praise.
Mr.. Chayes said If he had mis-
quoted The Star, he wanted to
correct it. He said he wanted to
distinguish between a finding of
mental competence to stand trial
and a finding that a man was
sane enough to be released to the
community.
The Star was cited so often by
The speakers that Mr.. Chayes
1nally remarked during the panel