Thursday, December 3, 2009

Today, we are used to the idea of “not guilty by reason of insanity” and it seems standard to introduce psychiatric evidence into a trial. However, mental illness was not a factor in the trial of Dick Hickock and Perry Smith because of the M’Naghten Rule. “The M’Naghten Rule…recognizes no form of insanity provided the defendant has the capacity to discriminate between right and wrong” (316). There were at least two doctors who agreed that Perry Smith was a paranoid schizophrenic, but none of this evidence was allowed to be introduced because of the M’naghten Rule. Judge Tate followed the law precisely when the defense attorneys brought up a psychiatric evaluation, “He did exactly all the law demanded by appointing a commission of three Garden City doctors and directing them to pronounce a verdict upon the mental capacities of the prisoners” (268). The law stated that prisoners could be evaluated by any medical doctor, not necessarily a psychiatrist, and this is all the judge allowed. One of the defense attorneys did locate a psychiatrist, Dr. W. Mitchell Jones, willing to interview the defendants, however, when Dr. Jones testified, the judge limited him to yes or no answers.

No comments:

Post a Comment