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Supreme Court — Part 29
Page 43
43 / 83
ry
ane
ato ioe
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eer iad ome La,
‘eathection between elvil commit-
ments and those under the erim-
inal insanity law. The need fer’!
prompt confinement pending’ bb-_
servation of the patient’s mental
condition. the Government ar-
gues, is far more compelling in a
case where the individual has
committed anti-social acta and
may very well contimus to Ao fs]
unless treated.
Contending that « pre-commit-
ment hearing after s verdict of
acquittal on insanity erownds is
not required on ConstituGonal
grounds, the Government ‘brief
points out since 1800, judges have
been ordering those acquitted on
grounds of insanity to be heitt in
custody as dangerous. Implicit tn
the determination of not guilty |
by reason of inganity, the Gov-
ernment argues, ig the finding
| that the defendant actually com
tted the acts with which h
as Charged. j
Expert Testimony = «tay. ©
«To underline the difference be-
tween the mental patient who
goes through elvil procedure and ,
the one who goes through crim- ;
inal courts to Bt. Elizabeths, the |
Government cites one of the many
experts who testified in Congress
for the mandatory commitment
law. {
“A man who is in a hospitat 4
because he bas committed a crime i
for which he has been exculpat-
ed," said Dr. Manfred §. Gutt- :
macher, one of the Nation's lead-
ing authorities on criminal in-—
sanity, “ls @ different individual |
from the individual who has been
sent there as a mental case.”
That's one of the mafor points:
the Government will argue when
the~-upreme Court heaswthe
geso latae thie manth
Deo SRE Laie Be,
re
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