Felix Frankfurter

“ The only certain thing that can be said about the present state of knowledge and therapy regarding mental disease is that science has not reached finality of judgment, even about a situation as unpromising as petitioner's, at least as indicated by the report of the United States Medical Center at Springfield. Certainly, denial of constitutional power of commitment to Congress in dealing with a situation like this ought not to rest on dogmatic adherence to one view or another on controversial psychiatric issues. ”

“ The petitioner came legally into the custody of the United States. The power that put him into such custody-the power to prosecute for federal offenses-is not exhausted. Its assertion in the form of the pending indictment persists. The District Court has found that the accused is mentally incompetent to stand trial at the present time and that, if released, he would probably endanger the officers, property, or other interests of the United States-and these findings are adequately supported. ”

“ The report of the Neuropsychiatric Staff of the Medical Center, filed February 1, 1954, indicated that petitioner was 'psychotic and incompetent,' that 'it is unlikely that this subject will regain his sanity in the near future,' and recommended that 'consideration be given to transferring this subject to a state hospital in his state of residence.' The District Court, on the following day, ordered a further hearing under § 4246 to 'resolve the power to commit defendant as mentally defective under the conditions specified in Section 4247. ”