Evening star., 1960-04-17
aster Steps Urged
On Insanity Cases
D. c. Bar Group
Acts to Speed
.HospituIizinq
By CARL IRVING
Star Stah Writer


sociation committee is adopted
The lawyers are seeking to
protect the mentally deranged
from themselves and prevent
harm to others. They suggest q
simpler and quicker procedure
for getting them out of then
homes and into hospitals fol
treatment.
The proposal, which has the
support of the District Medical
and Psychiatric societies, prob.
ably will be introduced in Con-
gress this session.
The suggested changes in
the 56-year-old law were sup
ported yesterday by DR.. John
D. Schultz, former chief psy.
chiatrist and now administrator
of District General Hospital.
Treatment Retarded
The present law undoubtedly
has been the cause of many
suicides and needless violence
because mentally disturbed
persons OTTER cannot be taken
into custody soon enough to
give them the treatment they
desperately need, he said
Other psychiatrists agree.
There has been a total of
857 suicides in the District In
the last nine years, including
100 last year.
The District code now re-
quireS that two Washington
residents submit notarized
statements and two physicians
sign certificates before a police
man may go into a home and
take a mentally i'll person into
custody.
The cumbersome procedure
usually requires a great deal Of
time before a violent patient
can legally be put under re-
straint.
Amendments Sought
The committee, headed by
John F. Doyle. assistant United
States attorney and chief pros
ecutor of Federal civil cases In
the District. has recommended
several amendments to the
present law.
The changes would merely
require a statement, not no.
tarized, from one resident of
the District and a certificate
from one physician. They
would have to conclude that
the subject is likely to cause
injury to himself or others If
not Immediately restrained
Under the present law, the
resident and physician must
make legal judgments. finding
the patient insane or of un-
sound mind" and "imperiline
the public peace" The amend
ment would only require that
the resident and doctor be-
lieve the patient to be men.
tally i'll.
These changes are in line
with the six-year- -old District
criminal insanity rule. Tha
criminal test for insanity now
is whether a crime is the prod
uct OF a mental illness The old
legal test was whether a de-
fendant knew the difference
between right and wrong.
Would Protect Police
The committee amendments
would provide protection for
police officers from liability for
false arrest.
To guard against abuse of
the law the committee recon-
mends that any citizen or ply
sician who knowingly makes a
false statement that any per.
son is mentally ill be subject to
criminal penalties up to three
years in Jail and a $500 fine.
Police officers. have had rela-
lively little trouble with de.
ranged persons in public places.
The law says police may pick
up persons under such circum-
stances without first having to
obtain any documents.
Those who are not violent
mental cases can await a slower
civil procedure in which the
Mental Health Commission
eventually commits them to a
hospital for treatment.
Procedure Quickened
But many patients cannot
wait this long and cannot af-
ford prompt treatment at a
private institution. Quite a
few of these cases have been
committed under the faster
criminal procedure which sends
them to st. Elizabeths, a Fed
eral hospital.
In these cases, the patients
are accused by a relative or
friend Of minor infraction,
such as disorderly conduct. The
subsequent verdict of not guilty
by reason Of insanity requires
they be committed to a mental
institution until they are well
again.
DR.. Schultz noted that only
about 20 per cent of those who
must be taken from their homes
for treatment require lengthy
commitments. Most of them
can go home within a few days
after their illnesses subside. he
said.
The committee report will be
considered by the Bar Associa-
ton directors on April 20. The
association is expected to ap-
prove and the proposal will
then be forwarded to Congress.
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