NCJ Number
60932
Date Published
1975
Length
20 pages
Annotation
THE STORY OF A MULTIPLE-MURDER CASE AND THE SCHIZOPHRENIC YOUNG KILLER IS TOLD TO HIGHLIGHT THE CHAOTIC MANNER IN WHICH MENTALLY DISTURBED OFFENDERS ARE HANDLED BY THE CANADIAN CRIMINAL JUSTICE SYSTEM.
Abstract
A YOUNG MAN WITH UNDIAGNOSED SCHIZOPHRENIA, UNCONTROLLED SYMPTOMS, AND SEVERE SOCIAL HANDICAPS, AND WHO STRUGGLED WITH MANY PERCEPTUAL CHANGES, WAS ARRESTED FOR MASS MURDER. THE CASE RAISED THE QUESTION OF CRIMINAL RESPONSIBILITY, THE PROBLEM OF ADEQUATELY REPRESENTING THE DEFENDANT'S MENTAL CONDITION TO THE JURY AND JUDGE, AND THE DILEMMA OF TREATMENT VERSUS CUSTODY IN LIGHT OF THE OFFENDER'S DANGEROUSNESS TO SOCIETY AND HIS RIGHT TO DUE PROCESS. GRAPHIC DESCRIPTIONS ARE GIVEN OF THE BOY'S MENTAL THOUGHT PROCESS BEFORE AND DURING THE MURDER, THE PSYCHIATRIST'S INTERPRETATIONS OF THESE THOUGHTS, THE LAWYERS JUSTIFICATION FOR HANDLING THE CASE IN THE MANNER THAT HE DID, THE JURY'S DECISIONMAKING PROCESS, AND DETAILS OF THE BOY'S FAMILY SITUATION AND CONDITION SEVERAL YEARS AFTER THE JURY JUDGED HIM NOT GUILTY BY REASON OF INSANITY (HE MAINTAINED THROUGHOUT THAT HE WAS ACTING ON THE DEVIL'S INSTRUCTIONS) SENDING HIM TO A MENTAL INSTITUTION. PRIMARY ISSUES DURING THE TRIAL WERE WHETHER OR NOT THE DEFENDANT WAS INSANE DURING THE WHOLE PERIOD THAT THE MURDER WAS TAKING PLACE, PARTICULARLY IN LIGHT OF THE FACT THAT ONE CHILD WAS LEFT UNHARMED, HIS MENTAL COMPETENCY AT THE TIME OF THE TRIAL, WHETHER THE DEFENDANT UNDERSTOOD THE MORAL AND LEGAL IMPLICATIONS OF HIS ACT AS REQUIRED BY THE M'NAGHTEN RULE, AND THE INTEGRITY OF SEVERAL CONFLICTING STATEMENTS MADE BY THE DEFENDANT. (RFC)