RESPONSIBILITY FOR CRIME.

Press, Volume LVII, Issue 17295, 5 November 1921, Page 3

RESPONSIBILITY FOR CRIME.

INDEPENDENT ALIENIST SHOULD ADVISE COURT. "In marine cases the law docs not consider that the judicial authority can decide upon technical questions, and it is assisted by nautical assessors; but in cases involving responsibility of mind, generally more obscure and needing more technical knowledge and trained insight, there is no judgment alienist to advise the Court," states the Inspector-General of Mental Hospitals in his annual report to the Minister. "It is not possible for a subject, which has taken the witness years of study, to bo imparted to persons hearing it for the first time in the short duration of a trial, and naturally they will be influenced as much by the demeanour of ordinary witnesses when estimating their credibility and the value'of their evidence. lam scrupulously trying to avoid reference to a recent case, and am dealing with the general question. Under existing circumstances, if a prisoner is to get the benefit of an alienist's opinion bis counsel must draw upon our present or ex-medical officers, and so also must the Crown to meet the defence. As a rule "there will be no material conflict, but, should there be, the jury ha« the grave responsibility of deoiding to the best of its ability. "I think it is essentially wrong that evidence of this nature should be made a matter of sides, each placing before its experts the history or the case and other factors, often differing, and that these expert witnesses should continue in separate camps, because one side or the other has had divulged to it matters which are at that stage confidential, a procedure which, whatever may_ be the facts, tends to produce in the minds of the jury an idea of partisanship. I am of opinion then, when the defence of insanity is to be raised ,du© notice should be given as early as possible, and the accused be placed under skilled observation; that a board should bo appointed to examine him and renort to the Judge, who, if any matter" seems to him to require further elucidation, may call for a report from the board, with or without further examination on its part. The board should consist of three, and the report be the majority report. All depositions should be placed before this board, and should it reoort that the accused is responsible, the defence of insaniy would be disallowed; if on the other hand the accused is reported to be non compos mentis, the trial could go far enough to establish that he committed the alleged act. This would do away with the subseqnent-to-vcrdict examinations which are a fairly frequent feature at present."