Wettstein R M, Mulvey E P
Department of Psychiatry, University of Pittsburgh, School of Medicine, PA 15213.
Bull Am Acad Psychiatry Law. 1988;16(1):11-24.
Little attention has been paid to the processing of insanity acquittees subsequent to criminal trial. This study first obtained descriptive data on new insanity acquittees (N = 137) in Illinois between January 1982 and July 1984 and then examined the criminal commitment criteria used by evaluating psychiatrists and criminal courts in the disposition of insanity acquittees. Acquittees in Illinois were largely male, chronic schizophrenics who had been acquitted for murder or attempted murder. Judges tended to use criminal criteria that were more demanding than those which had been recommended by psychiatrists. Stepwise discriminant analyses revealed that psychiatric diagnosis was the most influential factor in determining psychiatrists' recommendations and court dispositions. Psychiatrists and committing judges failed to comply with the requirements of the committment law in one quarter of the cases.
刑事审判后对因精神错乱而宣判无罪者的处理很少受到关注。本研究首先获取了1982年1月至1984年7月间伊利诺伊州新的因精神错乱而宣判无罪者(N = 137)的描述性数据,然后考察了评估精神病医生和刑事法庭在处理因精神错乱而宣判无罪者时所使用的刑事收监标准。伊利诺伊州的宣判无罪者大多为男性,是因谋杀或谋杀未遂而被宣判无罪的慢性精神分裂症患者。法官倾向于使用比精神病医生所建议的更为严格的刑事标准。逐步判别分析表明,精神病诊断是决定精神病医生建议和法庭处理方式的最具影响力的因素。在四分之一的案件中,精神病医生和收监法官未遵守收监法律的要求。