INSANITY AND GRIME.

Star (Christchurch), Issue 16571, 2 November 1921, Page 4

INSANITY AND GRIME.

PROBLEM FOR JURIES. [From Our Correspondent.] WELLINGTON, November 1. In view of recent cases in which tho mental capacity of an accused person has been a subject highly contested in New Zealand criminal courts, some remarks by Dr Hay, Inspector-General of Mental Hospitals, are of special importance. In referring during the course of his annual report to the Prison Board’s suggestion* for dealing with mentallydefective prisoners, Dr Hay states that the Prisons Department has under consideration a separate institution for the class of cases discussed, and he advocates building in connection therewith am annexe for certain criminal patients in the mental hospitals, persons needing not only medical but. also strict custodial treatment. Some years ago the building known as Larnach’s Castle, on Otago Peninsula, was purchased for the purpose. Arrangements were under way for carrying out the necessary adaptations, when the scheme was abandoned in response to hostile local pressure. For most part the persons accommodated in such an institution will be held mainly during the pleasure of the Minister of Justice, having been 4< acquitted on the ground of insanity ” by a jury.

DIFFICULTIES OF A JURY. 11 I would like.” adds Dr Hay, <r to make some remarks regarding the proceedings under which this verdict is returned. Where there is no conflict in respect to facts and deductions there would be no difficulty. A rough-and-ready agreement would be come to, followed by an obvious verdict. But where doubts exist persons weighing technical points should have some knowledge in regard to them and their value and bearing. In marine cases the law does not consider that the judicial authority can decide upon technical questions, and it is assisted by nautical assessors, but in cases involving responsibilitv of mind, generally more obscure and needing more technical knowledge and trained insight, there is no independent alienist to advise the Court. It is not possible for a subject which has taken a witness years of study to be imparted to persons hearing it for the first time in the short duration of a trial, and naturally the> will be influenced as much by the demeanour of the witness testifying to the truth as he sees it as they would be by the demeanour of ordinary witnesses when estimating their credibility and the value of their evidence. I am scrupulously trying to avoid reference to a recent case, and am dealing with the general question under existing circumstances. If a prisoner ia to get tho benefit of an alienist’s opinion his counsel must draw upon our present or exmedical 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 has the grave responsibility of deciding to the best of its ability. T think it is essentially wrong that evidence of this nature should be made a matter of sides, each placing before its experts the history of the case and other factors, often difforing. and that these export witnesses should continue in separate camps, because one side or the other has had divulged to them matters which are at that stage confidential, a procedure which, whatever may be the facts, tends to produce on the mind of the jury an idea of partisanship. I am of opinion that when the defence of Insanity is to be raised due notice should be given as early as possible, and the accused be placed under skilled observation, that a board should be appointed to examine him and report 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. Th© board should consist of three and the report, be a majority report. All depositions should be placed before this board, and should it report that the accused is responsible the defence of insanity would b© disallowed. If, on the other hand, accused is reported to bo non compos mentis, the trial could go far enough to establish that he committed the alleged act. This would do awav with subsequent to verdict examinations, which are a fairly frequent feature atpresent.