Abstract
Prior to Jackson v. Indiana, psychiatric hospitalization of those found to be incompetent to stand trial often led to an inordinately long confinement, a particularly invidious consequence if the patient had been accused only of a misdemeanor. After a highly publicized murder perpetrated by a patient originally in this category, New York State instituted a rather cumbersome set of procedures designed to assure several layers of review, including involvement of the legal system, prior to increasing privileges or discharging someone committed pursuant to a criminal court order. The effect of this new law on patient care is examined by looking at the hospital course of 52 incompetent misdemeanants at one state facility. They are demographically and clinically quite similar to a control group of persons civilly committed, except for an increased length of inpatient stay. When compared with those sent to the county penitentiary after conviction, the study population differs on several important parameters. Looking like a patient, the incompetent misdemeanant is, however, treated more as a criminal with no indication that public safety is thereby increased or that individual therapeutic objectives are enhanced.
Footnotes
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Dr. Rachlin is chairman, Department of Psychiatry and Psychology, Nassau County Medical Center, East Meadow, NY, and associate professor of clinical psychiatry, School of Medicine, SUNY at Stony Brook, Stony Brook, NY. Dr. Stokman is director of research, Bureau of Forensic Services, New York State Office of Mental Health, and assistant professor of clinical psychology, Department of psychiatry, College of Physians and Surgeons of Columbia University, New York, NY. Dr. Grossman is adjunct professor of psychology, Fordham University, Bronx, NY. Address reprint requests to Dr. Rachlin, 2201 Hempstead Turnpike, East Meadow, NY 11554.
- Copyright © 1986, The American Academy of Psychiatry and the Law
