Evening star., 1957-12-23
Law Review Urged
On Mental Issues
Keotine Sees
Justice Often
In Question

A review Of Federal laws per.
tanning TO insane defendants
was urged today by Representa-
tive Heating. Republican Of
New York.
Mr.. Heating requested a full
scale study Of the subject by
the House judiciary Commit.
tee. Of which he is the Repub-
lican senior member. The sug.
gestion was made in a letter to
Chairman Celler. Democrat of
New York.
Mr.. Heating said need for the
re-examination was pointed up
by the Durham and Gunther
cases in the District. Whatever
the merits of those decisions, it
remains that no other courts
are following their lead, he said.
This raises the question Of
whether justice is being ad-
ministered in the Federal
courts with an even hand" said
Mr.. Heating.
Decisions Confusing
In the Durham case. it was
ruled a defendant is not re-
sponSible for a crime which
is caused by or is a product Of
mental illness. The Gunther
decision requires more than
psychiatric evidence that a de-
fendant, once declared insane.
is now ready for trial. A
judicial determination also is
necessary.
Application Of these de-
cisions has led to confusion in
the courts. and charges by
defense counsel Of error in in
structions by trial judges, Mr..
Keating said. ~
In more than one case the
process Of trial and retrial took
so long that the court finally
ordered the charges dismissed
because the defendants were
being denied their constitu-
tional rights to a speedy trial."
he added.
/ Mr.. Keating said a revolu.
tion in psWhiatry makes nec-
eSSary a re-examination of the
century -old decision holding
that a man Is innocent il he
cannot tell right from wrong.
Most Federal and State courts
still adhere TO that premise, he
said.
The committee should in
: vestigate the desirability Of i'm
mediate sanity examination of
all defendants charged with
; serious crime, Mr.. Heating sug-
gested. He also suggested
. study Of mandatory hospital
ization Of persons acquitted by
: reason of insanity. a method
already practiced in the Dis
. trict.
Mr.. Heating said the COM
mittee should seek the advice
Of all involved in such cases
criminologists. prosecutors. de-
fense lawyers, prison wardens.
probation officers and even de-
PENDANTS.
Other Angles Considered
In addition to the medical
and legal aspects. the commit
tee should study the moral and
social angles. while closely
Scrutinizing ramifications of
the Durham decision, Mr..
Keating said.
He concluded that the laws
could be modernized and hu-
manized without undermining
the administration of Justice
and without jarring the fun
damental concepts Of the COM
munity."
He noted that Federal courts
throughout the country, except
in. the District. still adhere to
the "right-wrong" test set forth
almost a century ago in the
McNaughten case decision re-
lating to criminal respon-
sibility of defendants claiming
insanity.
The revolution in psychiatry
since that decision compels its
re-examination in the light of
our new knowledge" he de-
claired. The District of Co.
lumbia court is the only Fed
eral court which has sub
Stantially departed from the
right-wrong test. Under the
Durham decision, a defendant
now must be acquitted by rea-
son Of insanity if his crime
was the product Of a mental
disease or defect. even If he
knew what he was doing and
that 1t was wrong.
This decision has been the
center OF much litigation and
controversy. Its ramifications
should be closely scrutinized in
the course Of our study Of the
general subject. While the test
Of criminal responsibility is i'm
portant, it is only one Of the
many questions which deserve
attention.
PrOmptness Cited
Provision for the prompt
and automatic examination Of
defendants charged with serious
crime might we'll improve the
situation. We should also con-
slider the desirability Of manda-
tory commitment for defendants
acquitted by reason Of insanity.
This is the law now in the Dis
trict. 1t also should be deter
mined whether new techniques
OF surgery, drugs. treatments
and analyses are being ade-
quately employed in our prisons
as we'll as our hospitals"
Mr.. Keating said an overall
legislative inquiry would supply
basic data for intelli cent con-
sideration Of all aspects Of the
problem. He held that the
issues in this field are moral
and social as we'll as medical
and legal" A thorough study
with the hnixn ~ avnaY.f uJit.