People v. Redlich

Decision Date19 January 1949
Docket NumberNo. 30843.,30843.
Citation83 N.E.2d 736,402 Ill. 270
PartiesPEOPLE v. REDLICH.
CourtIllinois Supreme Court

OPINION TEXT STARTS HERE

Error to Criminal Court, Cook County; Cornelius J. Harrington, judge.

Herman E. Redlich was convicted of a direct contempt, and he brings error.

Reversed.

Francis T. McGuire, of Chicago (John M. Branion, Cornelius J. Collins and Frank J. Ferlic, all of Chicago, of counsel), for plaintiff in error.

George F. Barrett, Atty. Gen. and William J. Tuohy, State's Atty., of Chicago (John T. Gallagher, Melvin S. Rembe, W. S. Miroslawski and Arthur F. Manning, all of Chicago, of counsel), for the People.

THOMPSON Justice.

Plaintiff in error, Herman E. Redlich, hereinafter referred to as the defendant, was indicted in the criminal court of Cook County for the crime against nature. After the indictment had been returned a petition was filed in that court by the State's Attorney alleging that the defendant, although not insane or feeble-minded, was suffering from a mental disorder which had existed for more than one year prior to the filing of the petition; that the defendant had criminal propensities to the commission of sex offenses, and was a criminal sexual psychopathic person. The prayer of the petition was that two qualified psychiatrists be appointed to examine the defendant and file their report, together with their conclusions and recommendations as privided by an act entitled ‘An Act to provide for the commitment and detention of criminal sexual psychopathic persons,’ approved July 6, 1938. Ill.Rev.Stat.1947, chap. 38, pars. 820 to 825, incl.

Defendant filed a motion to strike the petition and as grounds of the motion alleged in general terms the unconstitutionality of the statute. The motion was overruled and after defendant had filed an answer denying that he was suffering from any mental disorder or that he was a criminal sexual psychopathic person, the court appointed two psychiatrists as requested in the petition. Thereafter, defendant having refused to submit to such examination, the court, on written motion of the State's Attorney, entered an order directing defendant to submit instanter to a personal examination by the psychiatrists and to answer their questions. Defendant and counsel representing him were present in court when the order was entered. Defendant objected to the order and stated to the court that he refused to obey the same on the ground that his answers to the questions of the psychiatrists could be used as evidence against him and involve his constitutional rights. The State's Attorney then presented and filed a written motion asking for a rule on defendant to show cause instanter why he should not be held in contempt of court for refusing to obey said order. Defendant was questioned further by the court and by his own attorney. He was served with a copy of the order directing him to submit to a personal examination by the two psychiatrists. He stated that he understood the order and understood the court might punish him for contempt, but refused to submit to such examination or to answer questions propounded to him by the two psychiatrists, claiming a constitutional privilege to refuse to do so. The court then entered an order which recited the entire proceedings, found defendant guilty in open court of a direct contempt of the court, and sentenced him to confinement in the county jail of Cook County until he complied with the order of the court by submitting to a personal examination by the psychiatrists and answering their questions, or until he was discharged according to law.

Defendant was afterward tried upon the indictment, found guilty and sentenced to the penitentiary. He has now sued out this writ of error to reverse the judgment finding him guilty of contempt and sentencing him to the county jail. He brings the cause directly to this court as one of his assignments of error questions the constitutionality of section 4 of the act entitled ‘An Act to provide for the commitment and detention of criminal sexual psychopathic persons.’

The errors assigned and argued are: (1) To compel defendant to submit to a personal examination by two psychiatrists and answer questions propounded to him by them would be a violation of his constitutional rights not to be compelled to give evidence against himself in a criminal case, and that to enforce the judgment of contempt would be a violation of his constitutional right to have all penalties proportioned to the nature of his offense; (2) that by operation of law the order adjudging him guilty of contempt became null and void when he was thereafter tried, found guilty of the crime for which he was indicted and sentenced to the penitentiary; (3) that the order adjudging him guilty of contempt and sentencing him to the county jail is legally insufficient; and, (4) that the motion for a rule upon him to show cause is also legally insufficient.

The court order for violation of which defendant was adjudged guilty of contempt was based upon the statute above mentioned, which provided for the commitment and detention of criminal sexual psychopathic persons. This statute was passed by the legislature in 1938 and contained six sections. Section 1 states the definition of criminal sexual psychopathic persons. Section 2 enumerates the courts given jurisdiction under the act. Section 3 provides that when any person is charged with a criminal offense and it shall appear to the Attorney General or State's Attorney of the county wherein such person is so charged that such person is a criminal sexual psychopathic person, then the Attorney General or State's Attorney of such county may file with the clerk of the court in the same proceedings wherein such person stands charged with a criminal offense, a petition in writing setting forth facts tending to show that the person named is a criminal sexual psychopathic person. Section 4 authorizes the court to appoint two psychiatrists to make a personal examination of the accused and file their report as to his condition together with their recommendation. Section 5 provides that before a trial on a criminal offense a hearing on the petition shall be held before a jury to ascertain whether or not the person charged is a criminal sexual psychopathic person, and that if the jury by their verdict determine that he is a criminal sexual psychopathic person, then the court shall commit him to the Department of Public Safety, and the Department of Public Safety shall safely keep him until he shall have fully and permanently recovered from such psychopathy. Section 6 provides that, after commitment, an application in writing setting forth that such person has recovered may be filed before the committing court and a jury shall be impanelled to ascertain whether or not he has fully recovered from such psychopathy. Upon a verdict of the jury that he has fully recovered, then the court shall order that he be discharged from the custody of the Department of Public Safety and committed to the custody of the sheriff of the county from which he was committed, to stand trial for the criminal offense charged against him. This section also provides that upon a verdict of the jury that he has not recovered, then the court shall order him to be returned to the custody of the Department of Public Safety to be held under the previous commitment.

The foregoing statute was the subject of consideration by this court in People v. Sims, 382 Ill. 472, 47 N.E.2d 703, where the act was held valid. It was there unsuccessfully contended that the act was invalid in discriminating between criminal sexual psychopathic persons who are charged with crime and those who are not so charged and in permitting evidence of the commission of other crimes to be introduced upon hearing. This court in the Sims case pointed out that the...

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    ...the substantial questions involved in the trial court no longer exist, it will dismiss the appeal or writ of error.' People v. Redlich, 402 Ill. 270, 279, 83 N.E.2d 736, 741. "But when the issue presented is of substantial public interest, a well-recognized exception exists to the general r......
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