Evening star. [volume] (Washington, D.C.) 1854-1972, 1955-03-20


TWO FAMOUS WOMEN MEE
bassadOr to Italy, chats with
garden of Mrs. Luce'S Villa
should get a total picture of the
man - sociological and psyche
logical as we'll as psychiatric.
The Gunther decision. under
this decision, the court must
hold a hearing to determine
whether a man who has pre-
viously been found mentally in
competent to stand trial is now
competent. Previously, a certifi-
cate from the mental hospital
was enough.)
Dr.. Overholser said it was a
nuisance to have his psychiatrists
"go down and assure the court
the superintendent wasn't fool
ing when he said the man was
mentally competent"
New Type Split Hinted
Mr.. O'Brien said the appellate
court was trying to split mans
personality into a mental condi-
ton and a physical condition"
The superintendent of a men,
tai hospital" he said, can now
determine whether a man can be
released into society but cannot
determine when he can walk into
a courtroom.
Mr.. MCGEE argued that the
court has been legislating for the
District without taking into con-
sideration either the financial Or
administrative results of their
legislation.
Mr.. Fortas said the burden of
the Gunther procedure was en-
tirely out of proportion to the
benefits to be gained.
The Wear decision. CThis held
that any defendant can get a
mental examination if the re-
quest is made in good faith and
is not frivolous. Previously, the
judge had discretion to deter
mine if there were reasonable
grounds for requesting the ex-
animation
DR.. Overholser reported there
has already been a very con-
siderable increase" in the num-
Der of requests for mental ex-
aminations and he has a bunch
that some come dangerously near
to being frivolous" He said he
was sorry to see this limitation
of the judges discretion.
Contradiction Charged
MI. O'Brien said the court was
being contradictory. He pointed
out that under the Gunther de-
cision. the court had ruled that
the judges experience was
needed to determine fitness for
trial but under the Wear deci-
sion, the judge was not consid-
cred able to determine if a men,
tai examination should be or
dered. He urged a change in the
law to let the judge determine
whether there was reasonable
grounds for requesting a mental
examination.
After acquittal by reason of in
sanity at the time of the crime.
CUnder present law, the court
may commit a defendant found
not guilty by reason of insanity
but it is not mandatory
DR.. Overholser said a lot of
the public apprehension over the
effects of the Durham decision
could be solved by mandatory
commitment of these acquitted
defendants to a mental hospital
until they can safely be released
to the community.
He said he didn't know
whether he would go so far as
requiring that the court approve
the release because this was pri-
marily a medical matter though
it might be helpful to share the
responsibility"
Mr.. O'Brien said Mr.. Rover
favors mandatory commitment
for an indefinite period until the
patient is safe to return to the
community. He said after the
hospital reported the patient was
recovered, the court, the Com
missioners or the President
should pass on the release.
DR.. Williams said the public
should be considered as well as
the individual. He proposed that
the man acquitted by reason of
insanity should spend as much
time in confinement as the man
convicted for the same crime.
The only difference would be
that the time would be spent in
a hospital instead of a prison.
Both Mr.. DeGrazia and Mr..
Fortas expressed concern about
indefinite commitments. Mr..
DeGrazia proposed commitment
for short period of observation
after acquittal to determine if
the man was now sane and sug-
gested that the Commission on
Mental Health could review the
sanity report.
Mr.. Fortas suggested compul-
sorry commitment for a fixed
minimum period--a year or two
with review after that period
to determine if sanity were re-
stored. The court, he said, should
confirm the release.
DR.. Guttmacher said the COM
munity should have the security
OF knowing the acquitted man
was going to be hospitalized for
a long period. AS a reinsurance
to the community he favored
having the court pass on the re-