U.S. v. Jackson

• Decision Date: 04 April 1977
• Docket Number: No. 76-1077,76-1077
• Citation: 553 F.2d 109,179 U.S. App. D.C. 375
• Parties: UNITED STATES of America v. Daniel JACKSON, Appellant.
• Court: U.S. Court of Appeals — District of Columbia Circuit

Page 109

553 F.2d 109

179 U.S.App.D.C. 375

UNITED STATES of America v. Daniel JACKSON, Appellant.

No. 76-1077.

United States Court of Appeals, District of Columbia Circuit.

Argued Sept. 14, 1976.

Decided Dec. 21, 1976.

Rehearing En Banc Denied April 4, 1977.

Robert A. W. Boraks, Washington, D. C. (appointed by this court), for appellant.

Mary H. Weiss, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., and John A. Terry, Asst. U. S. Atty., Washington, D. C., were on the brief for appellee.

Before TAMM, MacKINNON and WILKEY, Circuit Judges.

Opinion for the court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge:

The issue raised in this appeal is whether a person found not guilty of a crime by reason of insanity, who suffers from mental retardation rather than a mental disease, is subject to indeterminate commitment to a hospital for the mentally ill under D.C.Code § 24-301(d) (1973). ¹

Appellant Daniel Jackson was indicted on July 15, 1968, and charged with first degree burglary and rape. A defense motion for a mental observation was granted on August 2, 1968, ² by then Chief Judge Edward Curran of the district court. Appellant was committed to Saint Elizabeths Hospital for 60 days for a psychiatric examination, and on November 5, 1968, the acting superintendent of the hospital reported to the court that Jackson was "suffering from Mild Mental Retardation (IQ 55)" ³ and that he "experienced this condition at the time of the alleged criminal offense . . . and there is a causal connection between these offenses and his condition of mental retardation." The hospital concluded, however, that Jackson was competent to stand trial, and the court issued an order to this effect on November 21, 1968.

On March 3, 1969, in a trial before the court, Jackson was found not guilty by reason of insanity and committed for thirty days to Saint Elizabeths for a mental examination in accordance with D.C.Code § 24-301(d). The hospital reported on March 5, 1969, that

it is the opinion of the psychiatrist that Mr. Jackson is suffering from a mental illness at this time, Mild Mental Retardation (IQ 55), With Other (And Unspecified) Condition. It is further the opinion of the psychiatrist that because of such mental illness Mr. Jackson is likely to injure himself and others if allowed to remain at liberty. In view of the above, he will require hospitalization for an indefinite period of time.

Following a hearing on March 28, 1969, Judge Curran made findings of fact in similar terms and ordered that the appellant be committed to Saint Elizabeths for an indeterminate period pursuant to D.C.Code § 24-301(d), until released in accordance with D.C.Code § 24-301(e) (1973). ⁴

Subsequent to his indeterminate commitment, Appellant filed several habeas corpus petitions without success. ⁵ Then on November 29, 1972, Dr. Luther Robinson, the Superintendent of the hospital, wrote to the district court recommending that Jackson be allowed to visit at home with his mother on Christmas, stating that Jackson had "sufficiently improved so as not to be dangerous to himself or others during these limited periods." This request was denied on December 11 by Judge Hart. However, on January 30, 1973, Dr. Robinson again wrote to the court in support of a request that Jackson be conditionally released on weekends and holidays, in the discretion of the hospital, to visit with his family. Judge Gasch issued an order to this effect on February 8, 1973.

On October 29, 1975, Jackson, by counsel appointed from the public defender service, filed a motion for unconditional release pursuant to D.C.Code § 24-301(e) and (k) (1973). ⁶ In support of the motion, appellant argued that § 24-301(d) and the relevant case law required the release of a person acquitted of a crime on the ground of insanity when that person was not mentally ill and dangerous, and that since the appellant was retarded rather than mentally ill he could not, as a matter of law, be committed for an indeterminate period under that section. ⁷ The Government opposed the motion, contending that mental retardation is a mental illness for which the appellant may be committed under § 24-301(d). At a hearing held before Judge Gasch on January 13, 1976, the parties agreed that there was no question as to the fact of the appellant's continuing mental retardation, (Tr. 10). Judge Gasch denied the motion without comment (Tr. 19), and this appeal was taken.

On appeal, appellant argues that the district court's construction of § 24-301(d) is unsupported by the case law or legislative history, and that construction of the section to permit the indeterminate commitment of acquitted defendants suffering from mental defects rather than mental diseases would render the section constitutionally infirm on several grounds. We affirm the order of the district court.

I.

The parties do not contest the validity of appellant's acquittal by reason of insanity. Under the Model Penal Code definition of insanity, adopted by this court in United States v. Brawner, 153 U.S.App.D.C. 1, 471 F.2d 969 (1972) (en banc), as under the earlier test adopted in Durham v. United States, 94 U.S.App.D.C. 228, 214 F.2d 862 (1954), an insanity defense may be based either on a mental disease or on a mental defect, provided there is a sufficient causal link between the defendant's mental disease or defect and his inability to control his behavior. ⁸ It is accepted in this jurisdiction that mental retardation is a mental defect that will support an insanity defense. See McDonald v. United States, 114 U.S.App.D.C. 120, 122, 312 F.2d 847, 849 (1962) (en banc); United States v. Shorter, 343 A.2d 569 (D.C.App.1975); cf. United States v. Masthers, 176 U.S.App.D.C. 242, 539 F.2d 721 (1976).

Neither does appellant contest the validity of his initial post-acquittal commitment to Saint Elizabeths Hospital, without a hearing, for evaluation of his mental condition. ⁹ This initial commitment is required by D.C.Code § 24-301(d)(1) for "any person . . . (who) raises the defense of insanity and is acquitted solely on (that) ground" (emphasis added). Appellant does, however, contend that the March 28, 1969, commitment order was improper because § 24-301(d)(2) does not permit the indeterminate commitment of persons not suffering from a "mental disease."

Appellant bases his argument in part upon a reading of § 24-301(d) together with the code sections providing for civil commitment of persons suffering from mental diseases and retardation. Separate civil commitment statutes and treatment facilities are provided for these two classes. Compare the 1964 District of Columbia Hospitalization of the Mentally Ill Act, D.C.Code §§ 21-501 to 21-592 (1973), with D.C.Code §§ 21-1101 to 21-1123 (1973). "(M) ental illness" is defined in § 21-501 as "a psychosis or other disease which substantially impairs the mental health of a person," while § 21-1101 defines a "substantially retarded person" as a mentally defective person who requires care for his own welfare and the welfare of others "and who is not insane nor of unsound mind to such an extent as to require his commitment to a hospital for the mentally ill." Substantially retarded individuals who are "not insane nor of unsound mind" are committed to Forest Haven, D.C.Code §§ 21- 1101, 32-601, 32-602 (1973), while mentally ill persons are generally committed to Saint Elizabeths. ¹⁰ A "substantially retarded person" who has been civilly committed to Forest Haven and then becomes "insane" can be transferred to Saint Elizabeths under D.C.Code § 21-1116 (1973). ¹¹ There is no evidence, however, that Congress intended to interrelate these provisions with § 24-301. On the contrary, there are strong indications that separate statutory schemes have been created for civil and criminal commitment. Sections 21-501 to 21-592 do not concern criminally committed individuals: § 21-501 states that for the purpose of those sections " 'mentally ill person' means a person who has a mental illness, but does not include a person committed . . . by order of the court in a criminal proceeding." Section 24-301(d)(1) by its own terms controls the initial commitment of "any person . . . (who) raises the defense of insanity and is acquitted" of a crime on that ground, and § 24-301(d)(2) governs the release or indeterminate commitment of "(a) person confined pursuant to paragraph (1) . . . ." While § 21-1116 provides for the transfer of civilly committed retarded persons who become "insane" to Saint Elizabeths, there is no provision for the commitment or transfer of persons acquitted by reason of insanity to Forest Haven.

The legislative history of the 1970 amendments to § 21-1101 reveals no intent to interrelate the civil commitment provisions with the criminal commitment provisions of § 24-301(d). ¹² Neither does the legislative history of the latter provision reveal any such intent. The principal intent of the drafters of § 24-301(d) appears to have been to insure that persons acquitted of a crime by reason of insanity are automatically committed for the protection of the public and their own protection and rehabilitation. This provision was added by Pub.L.No.313, 69 Stat. 610 (Aug. 9, 1955). The prior provision made commitment discretionary with the trial judge, D.C.Code § 24-301(d) (1951), and the Senate Committee on the District of Columbia explained the need for the new provision:

The Committee believes that a mandatory commitment statute would add much to the public's peace of mind, and to the public safety, without impairing the rights of the accused. Where accused has pleaded insanity as a defense to a crime, and the jury has found that the defendant was, in fact, insane at the time the crime was committed, it is just and reasonable in the Committee's opinion that the insanity, once established, should be presumed to continue and that the accused should automatically be confined for...