Evening star., 1955-05-22
GroupHi
Mental Ruling

The American Law Institute
yesterday took issue with a re-
cent court ruling here that a
patients privilege" was violated
by psychiatrist who testified
against him at the trial.
The group closed a four-day
session at the Mayflower Hotel.
The institute. in its tentative
draft of a model penal code, sug-
gested that results of a court
ordered mental examination or
treatment should be admitted in
evidence solely with respect to
a defendants mental condition.
Beyond the mental status the
record should be inadmissible,
the institute said.
On March IA, the United
States Court of Appeals for the
District of Columbia ruled in a
split decision that the strict doc
tor-patient privilege applied. 1t
threw out the testimony of a st.
Elizabeths Hospital psychiatrist
who told a lower court jury in
the course OF his examination
the defendant admitted taking
mental illness.
The appellate court thus re-
versed the conviction of George
Taylor, sentenced to S to Is
years for robbery, housebreaking
and grand larceny.
Dissenting Opinion Noted
In a strong dissenting opinion.
Judge E. Barrett Prettyman
warned that the decision "cuts
off use of the testimony of all
the Government doctors in these
cases where an indicted man is
in a Government hospital under
going compulsory treatment as
a result of which It is antici-
pated he will return to the au-
thorities for trial" The exami-
nation results could be admitted
only if the accused consented,
the jurist pointed out.
DR.. Winfred Overholser, st.
Elizabeths Hospital superintend-
ent. who predicted Immediately
after the decision that his psy-
chiatrists' usefulness to the GRIM
inal courts here would be nulli-
fed. participated in yesterdays
Institute proceedings. He is on
the Institutes Criminal Law Ad-
visory Committee. He took the
floor to discuss the whole ques-
tion of insanity as a defense.
as did DR.. Manfred S. Gutt-
macher, chief medical officer,
Supreme Bench of Baltimore.
A report, which the institute
adopted, was laid before the
group by Professor Herbert
Wechsler of Columbia Univer-
sity Law School and his associ-
ates, including special consult
ants and research experts.
The institutes position is also
embodied in a bill drafted by the
District Council on Law En-
forcement and approved by the
District Commissioners last week
for submission to Congress.
Recommendations Given
The institute recommended
that in the event of an acquittal
for mental reasons, the accused
be routinely sent to a hospital.
When at least two qualified psy-
chiatrists recommend release,
the court should prescribe con-
ditions for the persons discharge
or release on probation. the In
stitute suggested.
The institute also urged the
proposal that "a person is not
responsible for criminal conduct
if at the time of such conduct
as a result of mental disease or
defect he lacks substantial ca
pacity either to appreciate the
criminality of his conduct or to
conform his conduct to the re-
quirements of law"
It also said: ''No person who
as a result of mental disease or
defect lacks capacity to under
stand the proceedings against
him or to assist in his own de-
fense shall be tried, convicted
or sentenced for the commission
of an offense so long as such
incapacity endures."