A collection of state statutes relating to insanity in criminal cases / third report of Committee B of the American Institute of Criminal Law and Criminology.
- American Institute of Criminal Law and Criminology. Committee on Insanity and Criminal Responsibility.
- Date:
- 1913
Licence: Public Domain Mark
Credit: A collection of state statutes relating to insanity in criminal cases / third report of Committee B of the American Institute of Criminal Law and Criminology. Source: Wellcome Collection.
Provider: This material has been provided by the Harvey Cushing/John Hay Whitney Medical Library at Yale University, through the Medical Heritage Library. The original may be consulted at the Harvey Cushing/John Hay Whitney Medical Library at Yale University.
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![MICHIGAN. [Accused person found, insane by grand jury].—When any person held in prison on a charge of having committed an indictable offense, shall not be in- dicted by the grand jury by reason of insanity, such jury shall certify that fact to the court; and thereupon, if the discharge or going at large of such insane person shall be deemed manifestly dangerous to the peace and safety of the com- munity, the court may order him to be retained in prison until the further order of the court, otherwise he shall be discharged.—Compiled Laws, 1897, sec. 11895. When prisoner acquitted by reason of insanity.—When any prisoner in- dicted for an offense shall, on trial, be acquitted by the jury by reason of in- sanity, the jury in giving their verdict of not guilty, shall state that it was given for such cause; and thereupon, if the discharge or going at large of such insane person shall be considered manifestly dangerous to the peace and safety of the community, the court may order him to be committed to prison, there to be kept until the further order of the court; otherwise he shall be discharged.— Compiled Laws, 1897, sec. 11953. When court may order persons sent to state asylum.—When a person ac- cused of the crime of murder, attempt at murder, rape, attempt at rape, incest, abduction, highway robbery or arson, or attempt to do great bodily harm, shall appear to be insane, or shall have escaped indictment upon the grounds of in- sanity or shall have been acquitted upon trial upon the grounds of insanity, the court, being certified by the jury or otherwise of the fact, shall carefully inquire and ascertain whether his insanity in any degree continues, and if it does, shall order such person into safe custody and to be sent to the state asylum. If any person in confinement under indictment for the crime of arson, or murder, or attempt at murder, rape, or attempt at rape, or incest, or abduction, or highway robbery, or assault to do great bodily harm, shall appear to be insane, the judge of the circuit court of the county where he is confined shall institute a careful investigation. He shall call two or more reputable physicians and other credible witnesses, and the prosecuting attorney, to aid in the examination, and if it be deemed necessary to call a jury for that purpose, is fully empowered to compel the attendance of witnesses and jurors. If it is satisfactorily proved that such person is insane, said judge may discharge such person from imprisonment and order his safe custody and removal to the state asylum, where such person shall remain until restored to his right mind, and then, if the said judge shall have so directed, the superintendent of said asylum shall inform the said judge and prosecuting attorney, so that the person so confined may within sixty days thereafter be remanded to prison and criminal proceedings be resumed, or he be otherwise discharged. If any such person be sent to said asylum, the county from which he is sent shall defray all expenses of such person while at the asylum for a period of two years, and the expense of returning home to such county if his discharge is effected during such period. If he shall not be dis- charged from the said asylum until after his transfer to the state shall have been effected, under the provisions of a subsequent section, the expenses of his return to said county shall be paid by the state of Michigan. The county or state may recover the amount so paid from the person's own estate, if he have any, or from any relative, town, city or county that would have been bound under existing laws to provide for and maintain him elsewhere.—Public Acts, 1905, sec. 19, p. 344. Insane entitled to writ of habeas corpus.—Anyone in custody as an insane person in any asylum, home or retreat, is entitled to a writ of habeas corpus, upon a proper petition to the circuit court of the county in which said asylum, home or retreat is situated, made by him or some friend in his behalf. Upon the return of such writ, the fact of his sanity shall be inquired into and deter- mined. The medical history of the patient, as it appears in the books of the asylum, home or retreat, shall be given in evidence, and the superintendent or medical officer in charge of the institution wherein such person is held in cus- tody, and any other proper person, shall be sworn touching the mental condition of such person.—Public Acts, 1903, sec. 35, page 339.](https://iiif.wellcomecollection.org/image/b2101209x_0017.jp2/full/800%2C/0/default.jpg)
