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Show Hatch Report Does Insane Mean Innocent? By SENATOR ORRIN HATCH Crime rates are higher in Utah's cities. That's no surprise. Crime rates are high in cities all across the country. For example, Salt Lake and Weber counties reported over . 80 i major crimes per 1,000 people in 1980. But crime rates are growing faster in the state's rural areas. In Millard and Sevier counties, for example, 1980 rates of 25 and 42 major crimes committed per 1,000 people represent increases of 11 and 13 points, respectively. Weber County's crime rate, meanwhile, rose four points, and Salt Lake County's fell by two. Even more alarming than these figures are the mild measures often taken to reprimand or contain those who cause that crime rate. I refer to our practice of treating those found not guilty of a crime on grounds of insanity exactly the same as those found not guilty. Whatever their criminal liability, those found not guilty by reason of insanity may still be too dangerous to ; be released back into society. While they would not deserve the same sanctions imposed against one otherwise found guilty of a crime, neither would they deserve the same freedoms that rightfully belong to one found innocent. ; A bill 1 have introduced in Congress would provide for different treatment. treat-ment. Specifically, it requires that one found not guilty by reason of insanity be given a hearing, no more than 40 days after his trial, to determine whether his mental state renders him a threat to society. If he is declared a threat, detention would continue, and as his condition warrants, further hearings would investigate the need for continued incarceration. Such a plea would eliminate much of the technical psychiatry currently presented before juries. Complicated psychiatric issues, debated by opposing op-posing psychiatrists and translated into legal jargon, cannot hope to be resolved by an inexpert jury. Instead, under my bill, these issues would be replaced by questions a jury has traditionally met to resolve: Did the defendent do it? Did he know what he was doing? Many people have asked me, "Why not establish a plea of guilty but insane?" in-sane?" Such a plea, in light of my personal feelings about individual accountability, holds certain appeal, but it would defeat a major purpose of my bill - which is to eliminate the need for juries to serve as amateur psychiatrists. A verdict of guilty but insane would demand that juries determine that the defendent, but for his insanity at the time of the crime, possessed the state of mind necessary for conviction. con-viction. Such considerations, as I've said, are resolved by juries awkwardly awk-wardly at best, by guesswork at worst. My bill removes juries from that psychiatric role, thus simplifying and hastening the legal process, and most importantly, eliminating this difficult problem. v |
