How have the courts treated the issue of sexual abuse in the context of section 2189 of the New York State Criminal Code?
The following excerpt is from People v. Bailey, 21 N.Y.2d 588, 237 N.E.2d 205, 289 N.Y.S.2d 943 (N.Y. 1968):
Turning then to the cases at hand. In People v. Leisen the defendant was not afforded a Specht v. Patterson hearing and the judgment appealed from should be reversed and the defendant remanded for resentencing.
In People v. Bailey and People v. McCraw we need not reach the hearing question--although a reversal would be required on this ground--since in both cases the psychiatric reports did not comply with the standards
Page 950
The psychiatric report in People v. Bailey merely states that the defendant has a sociopathic personality without a favorable prognosis. The report does not contain any discussion of the defendant's sexual problems or for that matter does not even state that he has such a problem. Nor does the report indicate whether the defendant is likely to engage in any violent sexual misconduct. By no standard could this report be said to be pertinent to the statutory purpose of section 2189--a as outlined earlier. The judgment appealed from should be reversed and the defendant remanded for resentencing.
The psychiatric report in People v. McCraw is likewise defective. The pertinent portion of the report reads as follows: 'It is the opinion of both examining psychiatrists that this man is suffering from a chronic psychopathic personality disturbance with no insight. There is no indication at this time that he has changed his personality makeup or that he is willing to change his personality makeup. He tries to excuse his past acts or tries to deny them without facing his own faults and misdeeds himself, it is highly improbable that he will change his behavior in facing further circumstances. Therefore, from this present examination, it can only be determined that he has not and probably will not benefit from experience. It is also believed that he will not benefit from psychiatric treatment since he has had such in the past and has shown no improvement. In the past he has shown behavior dangerous to others in the community. [21 N.Y.2d 599] He has shown an inability to resist the use of alcohol and drugs and has shown that when under the influence of alcohol and drugs he commits acts which must be considered both immoral and illegal. In view of this, it is believed he will require a controlled environment in the future for an indeterminate period.'
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
