Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-01-28

representative Heating has made a
strong case for a congressional study of
the law Of insanity as II relates to GRIM
inal trials In the District. For the case
of Dallas Williams discloses beyond any
doubt that the law is not working well.
DR.. Overholser. superintendent OF St.
Elisabeths Hospital. who has been q
strong supporter of the new insanity
rule, comedies that there are some loop
holes in the law. 1t might be more
accurate to say that there has been a
major breakthrough by the criminal
element-a breakthrough which poses
q serious threat to society.
Williams was released after the
Court of Appeals had dismissed the
indictment against him because Of delay
In bringing the man 70 trial. He Is a
dangerous man with long record of
criminal violence. One Of the psyche
artists who examined him said williams
probably had been mentally Ill. but that
as OF this time there are no symptoms;
smgly or in the aggregate, which would
Justify hospital commitment" He also
said, however, that Williams. once re-
leased, rs likely to repeat his patterns
Of criminal behavior, including homi-
eide"
Well. williams has been released,
and this is fact which leaves no room
for argument about the unsatisfactory
state Of the law. For II a Dallas VIII
hams. with his record, cannot be kept
In custody, there Is q high probability
that many other dangerous people will
have to be turned loose.
After the decision in the Durham
ease, which added mental disease or
defect to the test of insanity In the
District, assurances were given that the
public need not be concerned. This new
test, 1t was said, would not be a loop
hole through which criminals would es-
cape. II found not guilty by reason Of
insanity, they were to be hospitalized
and treated until 1t became safe to
release them. In fact, a new law con-
tanning provisions to this effect was
enacted after PRONUNCIATION Of the Dur
ham rule. But 1t is not working well.
Williams. although he had pleaded
insanity as defense. was convicted by
the jury. Had he been found not guilty
by reason Of insanity, the law provides
that he would have been committed to
st. Elizabeths until such time as II might
be safe to release him. But the PSYCHE
atric report. a few months after his
conviction, was that he had no symp-
toms which would justify a hospital
commitment. In view Of this It seems
to us that there is serious doubt that
Williams could have been held in Gus
tody, even II he had been acquitted by
reason Of insanity. And what has hap
pened in the Williams case can happen
In many other cases-especially now
that the murky term. "sociopathic per-
sonality," has been brought within the
scope of mental disease or defect.
1t Is not our purpose to argue for
the falling Of people whose mental con-
dition is such that they are not respon-
sible for their crimes. This would be
no solution Of the problem. But there
Is strong and quite legitimate public
interest, an interest which we think
should be respected, in making certain
that people who have committed crimes,
and who are dangerous to others, are
not turned out on the streets. This is
the area in which new legislation seems
needed, and II is the area to which
We hope congressional attention will be
directed.