Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-01-27
Legislative
Steps Urgent,
Keoting Says
BY MIRIAM GUTENBERG

Representative Heating, Re-
publican Of New York, today
took his plea for full congress
sional study Of the handling Of
the criminally insane TO the
House floor.
Mr.. Heating plans to intro
duce a resolution for such Q
study at a meeting of the House
judiciary Committee tomorrow.
He told the House that no
area of the law today cries
more for action by Congress
than that dealing with the
handling Of the criminally in
sane.
Cites Growing Confusion"
Citing the growing confu-
sion among lawyers, criminolo-
gists. law enforcement officials,
psychiatrists and the general
public as to what happens or
should happen when a person
charged with a crime may be
insane. Mr.. Heating declared:
The District of Columbia
has recently become the nub
of misunderstanding in this
field"
Referring TO the release Of
Dallas o. Williams, tit bad
man Of Swsmpoodle. " Mr.. Keat-
ing told the House:
Within the past week. 1t was
revealed that under the existing
law it was impossible to retain
in custody a man whom psyche
artists stated might commit
homicide If released.
While the Williams case hap
pened in the District. he said,
other Jurisdictions all over the
country also are encountering
problems IN connection with
determining the criminal re-
sponsibiljty Of those who claim
insanity.
Other Courts Plagued
Other Federal courts. he ex-
planned. though not following
the lead of the District Of
Columbia bench, have also
run into quandaries in apply
ing the older rules OF criminal
insanity.
The resulting turmoil" Mr..
Heating declared. demands
the immediate attention Of
Congress"
! He called the Houses atten.
ton to the growing chasIn that
exists between the science Of
Law and the science Of psychia-
try 1t is Of vital importance.
he said. that we understand
the vocabulary of the Law and
psychiatry before we express
any general conclusion about
what must be done"
The ranking Republican on
the House judiciary Commit
tee said an overall legislative
inquiry would give the basis for
intelligent consideration of all
aspects Of the problem. He
voiced the opinion that the is
sues in this field are moral and
social as well as medical and
legal.
Durham Decision Cited
He declared:
The Federal court in the
District of Columbia is the only
one which has substantially de-
parted from the ''right-wrong"
test. In the District. under the
Durham decision. a defendant
must now 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 it was
wrong. This decision has been
the center Of much litigation
and controversy. Its ramifica-
tons should be closely Scru-
tinized in the course OF our
study of the general subject.
While the test of criminal
responsibility is important. it
is only one Of the many queS-
lions which deserves atten-
ton. Under present Federal
law. for example. examination
of a defendant believed to be
insane is required only after
a formal proceeding IN court.
Often the order for examina-
ton Is delayed so long that
pSychiatristS are unable to
determine the defendants
mental condition at the time
OF the offense. Provision for
the prompt and automatic ex-
animation of defendants charg-
with serious crimes might wen
improve this situation.
I'VE should also consider the
deSirability OF mandatory COM
mitment for defendants acquit-
te0 by reason OF insanity.
Whether these people are sent
to hospitals or Jails. the COM
munity must be Safegual ded
against a repetition of their
offenSes.
Effective rehabilitation is
another problem. Our sense Of
social justice demands that we
do all We can to assure MAXI
mum rehabilitation In recent
years doctors have expert
mented with surgery the use
Of tranquilizine drugs. shock
treatments. and blood chemiS-
trS ANALYSIS, II should be deter
mined whether these new tech
'nioues are being adequately
employed in our prisons as well
as in our hospitals"