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Execution of Mentally III?
Under his bill, Mr. Trible admits, it is arguable that an individual could commit a murder, be found mentally ill at the time he did so, receive the courtordered psychiatric treatment, be pronounced cured and then be executed!
The possibility of this happening would be extremely remote, to be sure, but under the legal principle embodied in his measure, it would still be a possibility.
The point is that punishment should relate to the mental condition of the accused at the time he committed the act for which he is being punished, and not to his mental condition at the time the punishment is administered.
There is not much doubt that Mr. Trible's proposal will receive wide support among those who share his understandable dismay at the Hinckley verdict. There were cheers and hurrahs when he outlined it during his speech at the opening of his headquarters.
But Mr. Trible should go back to the draw ing boards on this one, and attempt to come up with a proposal which would fine tune, rather than dismantle, our centuries-old effort to deal with the problem of the mentally ill who commit antisocial acts.
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