Citation

Perr IN. J. Forensic Sci. 1975; 20(4): 719-725.

Copyright

(Copyright © 1975, American Society for Testing and Materials, Publisher John Wiley and Sons)

DOI

unavailable

PMID

1176927

Abstract

The problem of release from institutionalization of those not guilty by reason of insanity is a most troublesome one. Psychiatric criteria for release are to be balanced by what judges see as the needs and protection of society. In 1972, New Jersey in the Maik decision adopted an extremely stringent rule which, if strictly followed, would condemn most NGIs to life imprisonment. Judge Weintraub's demand for assurance that the underlying or latent condition was no longer present put psychiatric examiners in an untenable position. The psychiatrists of the state took the unusual step of preparing a critique of the Supreme Court decision and distributing it to the legal profession through a law periodical. In the interim, the inequities of the Maik rule were recognized and an evolutionary set of standards laid down in the Carter case which provides some flexibility and set standards for conditional release. This clarification will undoubtedly be of great assistance to both courts and psychiatrists in dealing with a complex issue which can never have simple guidelines.

Language: en