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Extra info for Bearing Witness to Change: Forensic Psychiatry and Psychology Practice
The utility of this basis for mitigation for offenders with diminished mental capacity, even if well established by credible forensic expert testimony, was reduced by the second prong of the policy statement: However, the court may not depart below the applicable guideline range if (1) the significantly reduced mental capacity was caused by the voluntary use of drugs or other intoxicants; (2) the facts and circumstances of the defendant’s offense indicate a need to protect the public because the offense involved actual violence or serious threat of violence; (3) the defendant’s criminal history indicates a need to incarcerate the defendant to protect the public; or (4) the defendant has been convicted of [specified sex offenses].
Pub. Acts, 1935; People v. Chapman, 1942; People v. Frontczak 1938). The statute ordered a judge to conduct a thorough review before sentencing anyone who had been convicted of indecent exposure or gross indecency if he appeared “feeble-minded, epileptic … to be psychopathic, or a sex degenerate or a sex pervert, with tendencies dangerous to public safety …” (Frontczak 1938, 535). In making this determination a judge or jury had to call two or more reputable physicians, including one psychiatrist.
Mossman. 2012. Best Practices in Forensic Mental Health Assessment: Evaluation for Civil Commitment. New York: Oxford University Press. H. E. C. Kinsey. 1953. Sexual Behavior in the Human Female. B. Saunders. Ray, I. 1838. A Treatise on the Medical Jurisprudence of Insanity. Boston: Little Brown & Co. Rock v. S. 44 (1987). Rogers v. 1342 (1979). Sell v. S. 166 (2003). Slobogin, C. 2007. Proving the Unprovable: the Role of Law, Science, and Speculation in Adjudicating Culpability and Dangerousness.