As things stand now in New York and most other
jurisdictions there are no adequate means open to the State to
find out the actual present or past mental condition of the
defendant until the trial itself, and ofttimes not even then.
In New York, in cases like Thaw's, the accused, while fully
intending to interpose the defence of insanity (which he is
now permitted to do simply under the general plea of "not
guilty") may not only conceal the fact until the trial, but
may likewise successfully block every effort of the
authorities to examine him and find out his present mental
condition. He may thus keep it out of the power of the
District Attorney to secure the facts upon which to move for a
commission to determine whether or not he ought to be in an
insane asylum or is a fit subject for trial, and at the same
time prevent the prosecutor from obtaining any evidence
through direct medical observation by which to meet the claim,
which may be "sprung" suddenly upon him later at the trial,
that the defendant was irresponsible.
Pages:
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321