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JolyonWest
Page 9
9 / 70
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"" wounsel. In my opinion, not all persons who show evidence
. od psychotic chovght processes should be called insane oF
incompetent mentally for legal purposes. Just’ as it is
possible for a person to be sane legaliy at the time of a
a trial, and yet insane at the'tine of & crime, it is also,
possible for & person to be sane at. the timo of a trial
.. ead to develop such @& disturbed mental state thet he becomes
insane subsequent to the trisl. In some situations, tc .
_ geeks te me, counsel eould continue to appeal without the
- cooperation or participation ef the defendant. To assist
counsel the defendant should have reality-orfented accuracy .
* an memory, judgment and thinking, if his participation in
the appesl is required, : :
. Usually, one discusses psychiatric observations from
_ she framework of the so-called “ay 'waghten Rulet-dees the
defendant have the ability to understand the sature of che
event, to know that it was vrong, aad to heave the capacity .
to distinguish between right and wrong. - This rule does
not secu to be of much value in this post-trial situation —
i currently re Mr. Jack Ruby, in ay opinion. .
: According to Suith, 25 NOM., 48, 59, 176 ¥ 819, 823,
after a sentence of death, the test of insanity suggested
ae BB “yhether or not che prisoner has not from the defects
of his faculties, sufficient intelligence to understand the |
re proceadings against hia, what he was ‘tried for, the purpose
- o£ bie, punishuent unjust or unlawful, and the gZutelligence .
. wequisite co convey such inforauation to hie actorneys or
to the court." peychiatric observations within this legal
franework 0am to me to be pertinnt to Mr. Ruby's current
status.
1s " g would like to submit the following medical and psy-
chiatric observations on Mr. Ruby for your consideration,
based. on my examinations, including the one on May 11, 1966.
“... Physical health - Mr. Ruby reported that he
Uhas lost weight," “has noc been exercising regularly." He
appesred pale, weak, Cremulous, extrenely tense, and moder~
ately depressed. However, he seened to be improved slightly
- os in this most recent incerviev. .
ao ; > 2. ‘Peychiatric status - Io each iaterview Mr. -
+ Quby was alert, -£rtendly, ‘and cooperative. He tnew che day,
i dace, month, aad recognized and greeted this evaluator. He
some distrust of his attorneys, both the forner
ergxcrn ne
. expressed :
” % , ones and she present ones. He claimed that none of then hee
ore | . .
oe
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