Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-07-15


The figures showed that du
cent of the District Court priS-
oners examined were found of
unsound mind. In contrast, only
Al per cent of those examined
during the 1856 fiscal year were
found of unsound mind.
Authorities in Accord
Both United\States Attorney
Oliver Gasch and Dr. Winfred
Overholser. superintendent of st
Elizabeths Hospital, agreed that
the operation OF the new Law has
discouraged malingering and has
assured that those who are ac-
tually mentally i'll are not SUBJ
jected to criminal processes.
The first assessment Of the
effects of series of appellate
court decisions and the new law
shows
l. Despite the appellate deci-
sion broadening the test of Grim
inal insanity, fears that the
number of prisoners found not
guilty by reason of insanity
would spiral have proved I'M
founded.
The broader rule on criminal
insanity was handed down in
the case o. Monte Durham IN
july. 1854 In the preceding ifs
cal wear. seven persons were
found not guilty by reason OF
insanity IN District Court In
the first year under the decision,
fiscal 1853, eight persons were
acquitted on the insanity plea
In fiscal 1856, ii persons were
found not guilty by reason of
insanity.
,. The operation of the new
law has brought substantial
reduction both in the number
OF mental examinations sought
and the number granted.
Began to Tighten Up
In fiscal 1854, so many per-
sons were claiming they were
mentally incompetent TO stand
trial that the United States At
torney began contesting demands
for mental examinations and the
courts. too, began to tighten up
During that year, 80 mental ex-
amlnatlons were ordered and
eight motions for mentals were
denied or Withdrawn
In July. 1854, however. the APP
pellate court handed down the
Wear decision saying in effect
that any person requesting a
mental examination I'm good
faith" should have it. During the
following fiscal year, "a mental
examinations were ordered and
only four motions for mentals
were denied or withdrawn.
The new law required that
some grounds Of mental illness
be shown before a mental exam
ination would be ordered. During
fiscal 1856, under operation of
the new law, 10 mental examina-
tons were ordered and Is mo-
tons for mental examinations
were denied or withdrawn.
3. Substantially fewer District
Court prisoners are being found
mentally incompetent to stand
trial now that all mental exam
nations are being performed in
hospitals instead of the Jail.
Findings Compared
In fiscal 1854, when virtually
all the examinations were being
performed at the Jail, out of 81
examinations completed during
the year, 66 District Court pris-
oners were found Of unsound
fundamentally incompetent to
stand trial
In fiscal 1855, when most OF
the examinations were still be-
ing performed at the Jail but
St Ellzabeths Hospital psychia :
tristS we're performing more Of
them, "A persons were found
mentally incompetent out Of SO
examinations completed during
the year.
In fiscal 1856, when the new
law required that all cXamlna-
tons should take place IN a hos
pital setting with the prisoner
under 24-hour observation for as
much as two months, only "a
OF the IS examinations completed
resulted IN finding Of mental
incompetence.
4. Under the new law, lequir-