John Marshall Harlan II

“ If any person tried upon an indictment or information for an offense, or tried in the juvenile court of the District of Columbia for an offense, is acquitted solely on the ground that he was insane at the time of its commission, the court shall order such person to be confined in a hospital for the mentally ill.'
There can be no doubt as to the effect of this provision with respect to a defendant who has asserted a defense of insanity at some point during the trial. ”

“ The criminal defendant who chooses to claim that he was mentally irresponsible when his offense was committed is in quite a different position. It is true that he may avoid the ordinary criminal penalty merely by submitting enough evidence of an abnormal mental condition to raise a reasonable doubt of his responsibility at the time of committing the offense. ”

“ Moreover, the literal construction urged here by the Government is quite out of keeping with the congressional policy that underlies the elaborate procedural precautions included in the civil commitment provisions. It seems to have been Congress' intention to insure that only those who need treatment and may be dangerous are confined; committing a criminal defendant who denies the existence of any mental abnormality merely on the basis of a reasonable doubt as to his condition at some earlier time is surely at odds with this policy. ”

“ Since this inquiry may be undertaken at any time 'prior to the imposition of sentence,' it appears to be as available after the jury returns a verdict of not guilty by reason of insanity as before trial.
In light of the foregoing considerations we conclude that it was not Congress' purpose to make commitment compulsory when, as here, an accused disclaims reliance on a defense of mental irresponsibility. This does not mean, of course, that a criminal defendant has an absolute right to have his guilty plea accepted by the court. ”

“ Petitioner maintains, however, that his confinement is illegal for a variety of other reasons, among which is the assertion that the 'mandatory commitment' provision, as applied to an accused who protests that he is presently sane and that the crime he committed was not the product of mental illness, deprives one so situated of liberty without due process of law. ”

“ Considering the present case against this background, we should be slow in our reading of § 24-301 (d) to attribute to Congress a purpose to compel commitment of an accused who never throughout the criminal proceedings suggests that he is, or ever was, mentally irresponsible. [8] This is the more so when there is kept in mind the contrast between the nature of an acquittal by reason of insanity and the finding of insanity required in other kinds of commitment proceedings. ”

“ We find it unnecessary to consider this and other constitutional claims concerning the fairness of the Municipal Court proceeding, since we read § 24-301 (d) as applicable only to a defendant acquitted on the ground of insanity who has affirmatively relied upon a defense of insanity, and not to one, like the petitioner, who has maintained that he was mentally responsible when the alleged offense was committed. ”

“ Nor does the statute require a finding by the trial judge or jury, or by a medical board, with respect to the accused's mental health on the date of the judgment of acquittal. The sole necessary and sufficient condition for bringing the compulsory commitment provision into play is that the defendant be found not guilty of the crime with which he is charged because of insanity 'at the time of its commission.' [4] Petitioner does not contend that the statute was misinterpreted in these respects. ”

“ The burden of proof is on the party seeking commitment, and it is only if the trier of fact is 'satisfied that the alleged insane person is insane,' that he may be committed 'for the best interests of the public and of the insane person.' D.C.Code, § 21-315. ”

“ He was thereupon committed under D.C.Code, § 24-301 (a) to the District of Columbia General Hospital for a mental examination to determine his competence to stand trial. [1] On December 4, 1959, the Assistant Chief Psychiatrist of the Hospital reported that petitioner's mental condition was such that he was then 'of unsound mind, unable to adequately understand the charges and incapable of assisting counsel in his own defense.' The case was continued while petitioner was given treatment at the General Hospital. ”

“ International Assn. of Machinists v. Street, 367 U.S. 740, 749, 81 S.Ct. 1784, 1789, 6 L.Ed.2d 1141. Such doubts might arise in this case were the Government's construction of § 24-301 (d) to be accepted. ”