The Editor, Sir:
Perhaps the time has come for the building of a psychiatric prison for the mentally ill who are unfit to plea to offences which they have committed. In this regard, proper medical services would be rendered to them at this Institution.
I make reference to the recent case in May Pen where the Presiding Judge refused a plea from a man who, though found to be suffering from schizophrenia psychosis, pleaded guilty to manslaughter by reason of diminished responsibility. In the United States of America, this defence is used quite frequently. California, though, has refused to use this defence liberally.
The fact is, if a person is found unfit to plea, then ultimately he/she should not be made to plea guilty to any offence. The person should be sent to a psychiatric prison for proper treatment, with reasonable accommodation, if possible. One observation that needs to be made is that mentally ill persons have rights too.
The question of whether a nursing home is reasonable and proper accommodations is an important one. If a nursing home purports to accept psychiatric patients, it should provide counselling, group therapy and other specialised services.
I am, etc.,
ELHAM H.M. BOGLE
Attorney-at -law
Kingston.