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Show rr 2 B The Salt Lake Tribune, Sunday, August TV T'- - 'W? V'' Prosecutors Urge 'Of State Insanity Defense Law Continued From Page B-- l r intending to deprive a person of his property. In murder, it is either the knowing and intentional" taking of another person's life or acting with a depraved indifference which results in the death of another human being. Criminal Intent If a person is so mentally ill that he or cannot form the criminal intent then he cannot be found mes rea guilty of the crime. For instance, if a person shoots another person but believed he was shooting at a tree because of a mental illness, a jury would have to find him not guilty. But, the professor noted, many believe that if a person was that deranged then he likely would not be fit to stand trial in the first place. ; The problem is that a defendant who raises an insanity defense usually claims that he is no longer insane at the time of trial. The result is the questionable practice of psychiatrists testifying in a trial as to a persons state of mind when the events often months crime occurred or even years apart. Salt Lake County Attorney Ted L. Cannon said that when the insanity defense is raised, often all the prosecution can do is look for a debunker another psychiatrist who will contest the other doctors diagnosis. And Mr. cannon sees proLleuis with psychiatrists in the courtroom. Its the merger of two totally different disciplines, he said. Lawyers deal in rights and wrongs, while psychiatrists dont really see things in black and white. They often find themselves in the untenable position of interpreting morality, and this makes them uncomfortable. The vast majority of psychiatrists prefer not to have anything to do with it, Mr. Cannon noted. Particularly in light of the controversial Hinckley verdict. The county attorney referred to the recent Marc Francis Schreuder trial, which was not an insanity defense, but diminished capacity. iThe one of defendant claimed his will was usurped that she forced by that of his mother him to commit the crime. He noted that his office had a hell of a time finding a doctor to contest the defense psychiatrists allegations. Psychiatrists Not V'T T- n?. 8, 1982 Fine-Tuni- y vy ng " L1 M 1 v I Their testimony, he says, gives the broad picture, from which a reasonable conclusion can be drawn. Defect as a Factor Both Professor Boyce and Mr. Cannon favor the adoption of a controversial law which would allow a jury to return with a verdict of "guilty but mentally ill. The law would allow the fact finder to judge or jury consider a defendants mental illness or defect as a mitigating factor in the sentencing portion of the trial. The law is opposed by the two defense lawyers, both of whom feel that a person who is insane at the time of a crime cannot and should not be held responsible for his actions. Its like having a child do something wrong, waiting for him to grow up, and then punishing him, Mr. Athay said. The difference here is one of semantics. "Insanity" is a legal term, used to describe a state of mind detrimental to society or the person. Mentally ill is a medical term used to describe any of a number of diseases, defects or personality problems. Professor Boyce said the guilty but mentally ill statute does not obviate either the insanity defense nor would it obviate the finding that a person must have intent to be found guilty. It's a common misapprehension that guilty but mentally ill would just allow a jury to come back with a guilty verdict regardless. But we have ts presume the jury follows instructions, which would say that it first must find beyond a reasonable doubt that the defendant had the intent necessary to be found guilty, but that he was also mentally ill, the professor said. The mental illness portion of the statute would come into play only after a guilty verdict is returned, and would act as a mitigating factor during the sentencing or would allow the judge to order therapy or treatment, he said. The law would not replace the insanity statute, but would simply give a jury or judge a third option, he added. Mr. Cannon, who said the proposed law is backed by the Statewide Association of Prosecutors, said he also favors the law because it would help quell the public outrage as witnessed with the Hinckley ruling. It would give the court a chance to do something with the defendant. It would no longer be all or nothing, where people feel like theyve been had, he said. a- - 4 :v4'4 4; Vfp. &r -- - s jury the r iWjL.,, Need Workable Law who believes that his profession has no business in a court of law that psychiatrists are no more qualified in determining a persons state of mind than a lay person. Professor Boyce agrees to the extent that there are "very good questions as to whether a psychiatrist or anyone can retroactively determine a persons intent. Often they become prostituted," the professor said. Theyre asked to make a medical opinion, which they can do, but then theyre asked to make a moral opinion, and they are not necessarily qualified to make those sort of judgments. It puts them in a bad spot, he said. Mr. Van Dam, however, feels that the difference of opinions among psychiatrists shows that people of qualification can disagree. But maybe they could get together and form a workable law, he continued. Laywers must be involved, though. A lot of the awkwardness in the law comes out of poorly defined legislation. Mr. Athay also questions whether psychiatrists can determine state of mind. Sometimes I wonder, but I think they are better equipped to determine intent than we are. psychiatrist Fit? Who they came up with, though, was Dr. Stewart Lee Coleman, a West Coast Tribon Staff Photo by Van E. Porter Hot August Day South Salt Lake firemen and volunteers Saturday received a lesson in firefighting, which should come in handy during an uncontrolled fire. Firemen deliberately torched two houses set for demolition in the area of 3050 S. 500 East. Volunteers studied the fires reactions in the controlled situation and experimented with different air masks, hoses and nozzles. Dam Construction Could Close Road Continued From Page B-- l operate, said Mr. Glade. What happens if the bureau decides to completely close the road? I'm supposed to punt, he said. ' The ranch owner said he would go along with a partial closure of the road. This would at least allow people to get into and out of the canyon. Another option would be for the bureau to upgrade the Blind Stream road, which runs from Hanna, Duchesne County, to Rock Creek. The Forest Service is already cutting a new Rock Creek trail into the Uintas that starts from that road. The old trails are blocked by the dam construction. The Upper Stillwater Dam marks the eastern most edge of the Central Utah Project. Water stored in the dam will be transfered through a series of tunnels and reservoirs to the Wasatch Front. 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