Evening star., 1955-06-08
Action 10 Plug
Insanity Plea
LoophoIe Urged
Witnesses Support
Legislation to Add
Protection for Public
By MIRIAM GUTENBERG


A parade of witnesses today
unanimously urged early Con-
gressional action on legislation
to give the public more protec-
ton in criminal cases where de-
PENDANTS claim insanity.
Testifying before the House
District Crime subcommittee,
lawyers and psychiatrists warned
that plugging loopholes in the
law as it has been interpreted
by a series of court decisions il
absolutely essential" to protect
the public.
Subcommittee Chairman Davis
Democrat, of Georgia said after
the hearing that his subcommit-
tee recognized the need for get
ting the bill reported promptly
to the full committee and az
far as he knows all members Of
his subcommittee favor 1t.
Representative Smith, Demo.
crat, of Virginia, who also at.
tended the hearings, com.
mented: This ought to be done
and done promptly"
How Malingerers Work
George L. Hart, jr., chairman
Of the special subcommittee Of
te District Council on Law En-
forcement, which made a seven
month investigation Of the laws
and court interpretations on in
sanity in criminal cases, de-
scribed to the subcommittee how
clever malingerers could escape
punishment and be free to prey
again on the community under
present law.
Mr.. Hart cited the decision
which makes it possible now fol
any defendant to get a mental
examination as long as his re-
quest is not frivolous and made
in good faith.
He pointed out that it is ad-
vantageous for a defendant to
establish a history of being in a
mental institution before he goes
to trial and claims insanity. He
also pointed out that psychia-
trists say they cannot detect
malingering during short periods
of examination in the District
Jail. Thus, he said. the malin-
gerer succeeds in building a
mental history and also while he
is confined in a mental hospital,
witnesses disappear.
Finally, when the case does
90 to trial, he went on, st. Eliz-
abeths Hospital phychiatrists
may know the man has been
malingering but they are not
allowed to testify to it because
of another court decision for
bidding testimony by a psychia-
trist who has treated" the pris-
oner.
Urged to Plug LoOpholes
Mr.. Hart and the other wit
nesses urged the subcommittee
to plug these loopholes by the
legislation which would make
it more difficult to get a mental
examination before trial and
which would enable examining
psychiatrists to testify on
mans mental condition where
insanity is the defense.
Supporting Mr.. Hart's expla-
nation was testimony from AS
sistant United States Attorney
John Conlitf, representing the
prosecutors Office. Mr.. Conlif
calling the proposed legislation
"a vital aid to District law en-.
forcement, cited this recent case
as "a gross miscarriage Of JUS
tice":
A prisoner was found mentally
incompetent to stand trial aftel
a Jail examination and was com
mitted to Saint Elizabeths Hos.
pital. He was sent back as men
tally competent to stand tria
and the defense at the trial Of
fered the testimony of the psy'
chiatrist who had examined hin
at the Jail and found him o.
unsound mind. The prosecutor
had the testimony of a Veterans
Administration psychiatrist whit
had examined the man some II
or Is days before the crime wa
committed and was willing tt
testify that he found no evidenc'
of insanity.
"Perfect Rebuttal"
The Government also had tn
testimony of a st. Elizabeth
Hospital psychiatrist who hat