Defendant appeals from a judgment imposing a sentence of life imprisonment (with recommendation that he be placed in a hospital for the criminally insane) after he pleaded not guilty by reason of insanity to a charge of murder, the jury found that he was legally sane at the time of the commission of the offense, and the court determined the killing to be murder in the first degree.
Defendant contends that the evidence is insufficient to support the verdict of sanity, that the court gave conflicting
Defendant, a 15-year-old boy at the time of the crime, was charged with the murder of his mother. The juvenile court found him to be “not a fit subject for consideration” under the Juvenile Court Law, and remanded him to the superior court for further proceedings in the criminal action. To the information accusing him of murder defendant entered the single plea of “not guilty by reason of insanity,” thereby admitting commission of the basic act which, if not qualified under the special plea, constitutes the offense charged. (Pen. Code, § 1016.) After considering reports of three alienists appointed to examine defendant (Pen. Code, § 1027) the court declared a doubt as to his mental capacity to stand trial (§§ 1368 et seq.). At a hearing on that issue, however, the court found defendant to be “mentally ill but not to the degree that would preclude him from cooperation with his counsel in the preparation and presentation of his defense. ’ ’ The plea of not guilty by reason of insanity was then tried to a jury and resulted in a verdict that defendant was legally sane at the time of the commission of the jurisdictional act of killing. Defendant’s motion for new trial on the ground of insufficiency of the evidence was heard and denied, and by stipulation the question of the degree of the crime was submitted to the court on the basis of the evidence introduced at the trial and the report of the probation officer. The court determined the crime to be murder in the first degree; sentenced defendant to life imprisonment; and to the judgment added, “Placement in hospital for criminally insane recommended.”
The California M’Naughton Rule
On the issue of insanity the jury were instructed in terms of the California rule; i.e., the so-called M’Naughton rule as that rule has been developed by statute and decision in California. In hereinafter discussing and ruling upon the sufficiency of the evidence to support the finding (a) that defendant was legally sane and (b) that the murder was of the first degree, the liberality of the California rule, and the sometimes dual materiality (where the crime is divided into
The original M’Naughton language from which the California rule has been evolved is set out in the margin. 1 Under that language a mentally ill defendant could be found sane even though his “knowledge” of the nature or wrongfulness of his act was merely a capacity to verbalize the “right” (i.e., socially expected) answers to questions put to him relating to that act, without such “knowledge” having any affective meaning for him as a principle of conduct. Such a narrow, literal reading of the M’Naughton formula has been repeatedly and justly condemned. (2 Stephen, History of the Criminal Law of England (1883) pp. 170-171; Weihofen, Mental Disorder as a Criminal Defense (1954) pp. 76-77; Hall, General Principles of Criminal Law (2d ed. 1960) pp. 481, 494, 520; Diamond, Criminal Responsibility of the Mentally Ill (1961) 14 Stan.L.Rev. 59, 62; Glueck, Law and Psychiatry (1962) p. 49, fn. 14.) Rather, it is urged by many that the word “know” as used in the formula be given “a wider definition so that it means the kind of knowing that is relevant, i.e., realization or appreciation of the wrongness of seriously harming a human being” (Hall, op. cit. supra, at p. 520). “If the word ‘know’ were given this broader interpretation, so as to require knowledge ‘fused with affect’ and assimilated by the whole personality—so that, for example, the killer was capable of identifying with his prospective victim—much of the criticism of the knowledge test would be met.” (Weihofen, op. cit. supra, at p. 77.)
The California courts have not been unresponsive to such proposals for liberalization of the original language of the M’Naughton rule
(ante,
fn. 1); in evolving our own rule to meet statutory requirements, apply humane concepts, and at the same time protect society, we have reformulated the test with a variety of specifications to achieve this end. (See e.g.,
People
v.
Willard
(1907)
“The test of sanity is this: First, did the defendant have sufficient mental capacity to know
and understand
what he was doing, and second, did he know
and understand
that it was wrong
and a violation of the rights of another?
To be sane and thus responsible to the law for the act committed, the defendant must be able to know
and understand
the nature and quality of his act
and
to distinguish between right and wrong at the time of the commission of the offense.” (Italics added.)
2
Reviewing similar instructions, the Special Commission on Problems of Insanity Relating to Criminal Offenders concludes that “In any event, regardless of how the
M’Naghten
[3]
[sic] test is applied elsewhere, the California courts have attempted to give a psychologically sound recog
Nevertheless, amicus curiae contends that the California rule is unconstitutional in that it assertedly deprived defendant of due process and equal protection of the law. Similar arguments as to the M’Naughton rule were rejected by the United States Supreme Court in
Leland
v.
Oregon
(1952)
Moreover, as the United States Supreme Court further observed in
Leland
(at p. 801 of 343 U.S.), “choice of a test of
The Sufficiency of the Evidence of Sanity
Turning now to defendant’s more specific contentions, it is first urged that “As a matter of law, [defendant] was legally insane at the time of the commission of the offense.” In support of this proposition defendant stresses the fact that each of the four psychiatrists who testified at the trial stated (1) that in his
medical
opinion defendant suffers from a permanent form of one of the group of mental disorders generically known as “schizophrenia” and (2) that defendant was also
legally
insane at the time he murdered his mother. Much confusion has been engendered in this and similar cases by failure to distinguish between these two branches of the testimony and by uncritical acceptance of
However impressive this seeming unanimity of expert opinion may at first appear (and we give it due consideration not only on the issue of sanity, but also in a subsequent portion of this opinion wherein we discuss the degree of the crime), our inquiry on this just as on other factual issues is necessarily limited at the appellate level to a determination whether there is substantial evidence in the record to support the jury’s verdict of sanity (and the trial court’s finding as to the degree of the murder) under the law of this state.
(People
v.
Rittger
(1960)
supra,
The question of what may constitute substantial evi
Beyond this point, however, it is settled that “the conduct and declarations of the defendant occurring within a reasonable time before or after the commission of the alleged act are admissible in proof of his mental condition at the time of the offense.”
(People
v.
David
(1939)
Conduct of Defendant as Evidence of Legal Sanity.
Among the kinds of conduct of a defendant which our courts have held to constitute evidence of legal sanity are the following: “an ability on the part of the accused to devise and execute a deliberate plan”
(People
v.
David
(1939)
supra,
In the case at bench there was evidence that in the year preceding the commission of the crime defendant “spent a lot of time thinking about sex.” He made a list of the names and addresses of seven girls in his community whom he did not know personally but whom he planned to anesthetize by ether and then either rape or photograph nude. One night about three weeks before the murder he took a container of ether and attempted to enter the home of one of these girls through the chimney, but he became wedged in and had to be rescued. In the ensuing weeks defendant apparently deliberated on ways and means of accomplishing his objective and decided that he would have to bring the girls to his house to achieve his sexual purposes, and that it would therefore be necessary to get his mother (and possibly his brother) out of the way first. 6
The attack on defendant’s mother took place on Monday, May 15, 1961. On the preceding Friday or Saturday defendant obtained an axe handle from the family garage and hid it under the mattress of his bed. At about 10 p.m. on Sunday he took the axe handle from its hiding place and approached his mother from behind, raising the weapon to strike her. She sensed his presence and asked him what he was doing; he answered that it was “nothing,” and returned to his room and hid the handle under his mattress again. The following morning defendant arose and" put the customary signal (a magazine) in the front window to inform his father that he had not overslept. Defendant ate the breakfast that his mother prepared, then went to his room and obtained the axe handle from under the mattress. He returned to the kitchen, approached his mother from behind and struck her on the back of the head. She turned around screaming and he struck her several more blows. They fell to the floor, fighting. She called out her neighbor’s name and defendant began choking her. She bit him on the hand and
Defendant’s counsel repeatedly characterizes as “bizarre” defendant's plan to rape or photograph nude the seven girls on his list. Certainly in common parlance it may be termed “bizarre”; likewise to a mature person of good morals, it would appear highly unreasonable. But many a youth has committed—or planned—acts which were bizarre and unreasonable. This defendant was immature and lacked experience and judgment in sexual matters. But it does not follow therefrom that the jury were precluded as a matter of law from finding defendant
legally
sane at the time of the murder. Prom the evidence set forth hereinabove the jury could infer that defendant had a motive for his actions (gratification of his sexual desires),
7
that he planned the attack on his mother for some time (obtaining the axe handle from the garage several days in advance; abortive attempt to strike his mother with it on the evening before the crime), that he knew that what he was doing was wrong (initial concealment of the handle underneath his mattress; excuse offered when his mother saw him with the weapon on the evening before the crime; renewed concealment of the handle under the mattress), that he persisted in the fatal attack (pursuit of his
Declarations of Defendant as Evidence of Legal Sanity.
Oral declarations made by a defendant during the period of time material to his offense may constitute evidence of legal sanity.
(People
v.
David
(1939)
supra, 12
Cal.2d 639, 649 [12].) In
People
v.
Darling
(1962)
supra,
In the ease at bench defendant was questioned by Officers Stenberg and Hamilton shortly after he came to the police station and voluntarily announced that he had just killed his mother. The interrogation was transcribed and shown
to
defendant;
he
changed the wording
of
a few
of his
answers, then affixed his signature and the date on each page.
9
Thus, contrary to the misunderstanding of counsel and amicus curiae, Officer Stenberg’s question (“You knew the wrongfulness of killing your mother?”) related unequivocally to defendant’s knowledge at the time of the commission of the murder and defendant’s equally unequivocal answer (“I did. I was thinking of it. I was aware of it.”) related to the same period of time. This admission, coupled with defendant’s uncontradicted course of conduct and other statements set forth hereinabove, constitutes substantial evidence from which the jury could find defendant legally sane at the time of the matricide.
It is contended that the foregoing evidence of defendant’s conduct and declarations is equally consistent with the type of mental illness (i.e., a form of “schizophrenia”) from which, according to the psychiatric witnesses, defendant is said to be suffering. But this consistency establishes only that
To guard against misunderstanding of our rules it is pertinent to observe that we do not reject expert testimony simply or solely because it may
also
answer the ultimate question the jury is called upon to decide (see, e.g.,
People
v.
Cole
(1956)
In the light of the authorities which have been brought to our attention it thus appears that a psychiatrist's conclusion as to the
legal
insanity of a schizophrenic is inherently no more than tentative. As Dr. Manfred S. Guttmaeher observes, “in the most malignant type of psychosis, schizophrenia, the decision is often extremely difficult and the psychiatrist,
To the extent, moreover, that the psychiatric witnesses in the case at bench were asked their opinion as to defendant’s legal sanity, a close examination of their responses discloses still further grounds in support of the verdict. The jury were entitled, of course, to consider on this issue the entire testimony of each such witness, including the reasons given
The next psycMatrie witness, Dr. Smith, testified that when defendant killed his mother “He was acting on an impulse”; that “his expressions of intention to go out and have intercourse and his intention to knock out his mother and the aunt, if she came, are evidence of his ability to think because of his ability to plan. Now beyond that point of having struck his mother, this is an impulsive schizophrenic piece of behavior which is entirely separated in my opinion from some planned piece of activity. ’ ’
The final psychiatric witness, Dr. Skrdla, testified on direct examination that at the time of the killing defendant “knew that he had committed a wrong act, at least morally wrong, and possibly legally wrong, because, according to the story he gave me, he washed the blood from himself and changed his clothes, and, a few minutes after the murder, went to the police station to report it. This would indicate that he
The doctrine of “irresistible impulse” as a defense to crime is, of course, not the law of California; to the contrary, the basic behavioral concept of our social order is free will.
14
(People
v.
Nash
(1959)
supra,
It is true that certain other psychiatric testimony was to the effect that at the time of the murder defendant did not know the nature and quality of his acts and that what he was doing was wrong. But this created only a conflict in the evidence, which was for the jury to resolve. From the testimony quoted above the jury could infer that even though some or all of the psychiatric witnesses concluded that defendant was “legally insane,” there was no basis for that conclusion under the California M’Naughton rule.
Finally, to accept defendant’s thesis would be tantamount to creating by judicial fiat a new defense plea of “not guilty by reason of schizophrenia.” To do so (assuming arguendo that it were within our power) would be bad law and apparently still worse medicine. It would require the jurors to accept as beyond dispute or question the opinions of the psychiatric witnesses as to the defendant’s legal sanity. But it is doubtful that any reputable psychiatrist today would claim such infallibility; 15 clearly the four who testified in the case at bench did not do so. Thus, Dr. Daryl D. Smith agreed with counsel’s assertion with respect to schizophrenia that “there is quite a bit of divergence of [psychiatric] opinion relative to this disease.” Indeed, it is often acknowledged that the causes and cure of schizophrenia are unknown (e.g., Diamond, From M’Naughton to Gurrens, and Beyond (1962) 50 Cal.L.Rev. 189, 195; Weihofen, Mental Disorder as a Criminal Defense (1954) p. 16), and that “schizophrenia” is not even a single disease as such but merely a label or term of convenience encompassing a variety of more or less related symptoms or conditions of mental disorder; thus in the case at bench Dr.. J. M. Nielsen agreed that “schizophrenia” is “just a psychiatric classification, . . . simply an abstract definition as applied to the behavior pattern.”
The Instructions to the Jury
Defendant’s second contention is that the trial court gave conflicting instructions on the presumptions of sanity and insanity. The jury were first given the standard instruction (CALJIC No. 801 rev.) that “The burden of proving insanity is on the defendant. The law presumes that the defendant was sane. The effect of this presumption is to place on the defendant the burden of proving insanity by a preponderance of the evidence.” The jury were thereafter instructed (CALJIC No. 808) that “Proof that defendant, before the time when the crime in question was committed, was afflicted with permanent insanity, as distinguished from temporary or transient insanity, will dispel the presumption of sanity and raise a presumption that defendant’s insanity continued to exist until the time of the commission of the crime. This presumption is not conclusive but rebuttable, and exists only until the contrary is shown.” It is argued that these two instructions are in conflict, and that the latter alone should have been given because “there can be no contention that [defendant] was not suffering from a permanent insanity, to wit: schizophrenia.”
The argument is without merit, for it is based upon a misunderstanding of the different purposes of the two instructions in question. Part of that misunderstanding, it is true, is caused by the language of the “permanent insanity” instruction (CALJIC No. 808), which we now examine more closely. This instruction is taken from the following Ian
Since the
Chamberlain
doctrine has been disapproved it becomes apparent that the second portion of the
Balter
rule—i.e., that proof of prior permanent insanity “will . . . raise a presumption that [defendant’s] insanity continued to exist until the time of the commission of the crime”-—now verges on a redundancy, for in effect it says that permanent insanity is presumed to be permanent. (See 1 Wharton’s
It follows that there was no conflict in the case at bench with the instruction on the presumption of sanity (CALJIC No. 801 rev.) for as the jury were correctly told, “The effect of this presumption [of sanity] is to place on the defendant the burden of proving insanity by a preponderance of the evidence.” (Italics added.) That burden is a rule of procedure; it is in no way eliminated—but its onus may be discharged—by the introduction of proof of prior “permanent” insanity, and hence the instruction now challenged was properly given regardless of whether or not there was also evidence of such “permanent” insanity. 17
The Degree of Murder
Prom what has been said it follows that there was no substantial error in the trial on the issue raised by the plea of not guilty by reason of insanity and that the evidence adequately supports the jury’s verdict. But another and more substantial problem remains to be considered: the contention that the evidence is insufficient to support the trial court’s finding that the murder was of the first, rather than the second, degree. This problem, however, is by no means new to us. In dealing with it we recognize that every relevant and tenable presumption is to be indulged in favor of sus
As hereinabove mentioned, by stipulation of the parties the question of the degree of the crime was submitted to the court on the basis of the evidence introduced at the trial on the plea of not guilty by reason of insanity, as augmented by the report of the probation officer. To confidently resolve the issue it is essential that we identify the elements which (insofar as relevant to the facts of this case) should as a matter of law be given weight as characterizing, distinguishing, or differentiating, the two degrees of murder. In
People
v.
Holt
(1944)
supra,
“The legislative definition of the degrees of murder leaves much to the discretion of the jury in many eases. That discretion, however, must have a sound factual basis for its exercise, as hereinafter is more particularly discussed. The Penal Code (section 189) declares that ‘All murder which is perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration or attempt to perpetrate arson, rape, robbery, burglary, or mayhem, is murder of the first degree; and all other kinds of murders are of the second degree. ’
[And on p. 84 [10-11] : “Obviously the homicide in this case was not perpetrated by means of poison, or lying in wait, or torture, nor was it committed in the perpetration of or attempt to perpetrate any of the enumerated felonies. Hence, if it is first degree murder it must come within the classification of ‘any other kind of willful, deliberate, and premeditated killing. ’ But homicide to amount to even second degree murder must be ‘the unlawful killing of a human being, with malice aforethought. ’ The malice which is one of the two essential elements of the offense—whether of the first or of the second degree—is defined by section 188 of the Penal Code. ‘Such malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is implied, when no considerable provocation appears, or when
As noted in Holt (p. 86 of 25 Cal.2d) there has sometimes appeared to be a tendency to emasculate the distinction between the two degrees of murder. In Holt we declared firmly against any such emasculation (id. at pp. 89 [12]-90 [14]) : “Regardless of imperfection of academic concept either in the statutory law as enacted or in some of the decisions interpreting it, we are faced with the task of making practical application of that law to actual facts. In such application certain principles are entitled to recognition. Dividing intentional homicides into murder and voluntary manslaughter was a recognition of the infirmity of human nature. Again dividing the offense of murder into two degrees is a further recognition of that infirmity and of difference in the quantum of personal turpitude of the offenders. . . . The victim of manslaughter or second degree murder is just as dead as is the victim of first degree murder. The law has fixed standards by which such personal depravity of the offender-, i.e., the character of the particular homicide, is to he measured. When the homicide is perpetrated by means of poison, or lying in wait, or torture, or in the perpetration of or attempt to perpetrate the enumerated felonies the standard is definite and no difficulty in fixing the degree ensues. But when it is claimed that the homicide is by 'any other kind of willful, deliberate, and premeditated killing’ there is necessity for an appraisal which involves something more than the ascertainment of objective facts. This appraisal is primarily a jury [or trial court] function and within a wide field of discretion its determination is final. But as is true as to all factual issues resolved by a jury [or trial court], the evidence upon which the determination is made is subject to review on the question of its legal sufficiency to support the verdict. To the extent that the character of a particular homicide is established by the facts in evidence the jury is bound, as are we, to apply the standards fixed by law.” (Italics added.)
Holt had been convicted of first degree murder and sentenced to death. After reviewing the governing law as above set forth we scrutinized the evidence and pointed out that, as analyzed, it demonstrated that the defendant at the time of the shooting did not have a premeditated specific intent to kill. Accordingly, we modified the judgment to murder of the second degree and affirmed as modified. In the case at bench there is no question that the defendant had the
Again, in
People
v.
Thomas
(1945)
“. . . Neither the statute nor the court undertakes to measure in units of time the length of the period during which the thought must be pondered before it can ripen into an intent which is truly deliberate and premeditated. The time would vary with different individuals and under different circumstances. The true test is not the duration of time as much as it is the
extent of the
reflection.” (Italics added.) In the case now at bench, in the light of defendant’s youth and undisputed mental illness, all as shown under the California M’Naughton rule on the trial of the plea of not guilty by reason of insanity, and properly considered by the trial judge in the proceeding to determine the degree of the offense, the true test must include consideration of the somewhat limited extent to which this defendant could
maturely and meaningfully reflect
upon the gravity of his contemplated act. In
Thomas,
we found prejudicial error but concluded that (p. 905 [22b] of 25 Cal.2d) “Having examined the record ... we do not feel constrained to hold that the evidence is legally inadequate to support a verdict of murder
In
People
v.
Bender
(1945)
Certainly in the case now at bench the defendant had ample
time
for any normal person to maturely and appreciatively reflect upon his contemplated act and to arrive at a cold, deliberated and premeditated conclusion. He did this in a sense—and apparently to the full extent of which he was capable. But, indisputably on the record, this defendant was not and is not a fully normal or mature, mentally well person. He knew the difference between right and wrong; he knew that the intended act was wrong and nevertheless carried it out. But the extent of his understanding, reflection upon it and its consequences, with realization of the enormity of the evil, appears to have been materially—as relevant to appraising the quantum of his moral turpitude and depravity—-vague and detached. We think that our analysis in
Holt
of the minimum essential elements of first degree murder, especially in respect to the quantum of reflection, comprehension,
and turpitude of the offender,
fits precisely this case: that the use by the Legislature of “wilful, deliberate, and premeditated” in conjunction indicates its intent to require as an essential element of first degree murder (of that category) substantially more reflection; i.e., more understanding and comprehension of the character of the act than the mer(e amount of thought necessary to form the intention to kill. It bears repeating
(People
v.
Holt
(1944)
supra,
Upon the facts, upon the law, and for all of the reasons hereinabove stated we are satisfied that the evidence fails to support the finding that the murder by this defendant, in the circumstances of his undisputed mental illness, was of the first degree, but that it amply sustains conviction of second degree murder.
The fact that we reduce the degree of the penal judgment from first to second degree murder is not to be understood as suggesting that this defendant’s confinement should be in an institution maintaining any lower degree of security than for persons convicted of murder of the first degree. To the contrary, we approve of the trial court’s recommendation that defendant be placed in a hospital for the criminally insane of a high security character, such as the California Medical Facility at Vacaville where he is presently confined.
For all of the reasons above stated, the judgment is modified by reducing the degree of the crime to murder of the second degree and, as so modified, is affirmed. The cause is remanded to the trial court with directions to arraign and pronounce judgment on defendant in accordance with the foregoing ruling.
Gibson, C. J., Traynor, J., McComb, J., Peters, J., Tobriner, J., and Peek, J., concurred.
Notes
"[T]o establish a defence on the ground of insanity, it must be clearly proved that, at the time of committing the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.”
(Queen v. M’Naughton
(1843) 4 St.Tr. (N.S.) 847, 931;
M’Naughton’s Case
(1843) 10 Clark & F. 200, 210, 8 Eng. Reprint 718, 722; see
People
v.
Coffman
(1864)
The jury were also instructed (CALJIO No. 806) that "irresistible impulse” is not a defense "If a person is conscious of, knows and appreciates the nature and wrongfulness of his act.” (Italics added.)
3From the report of The Queen Against Daniel M’Naughton (1843) 4 St.Tr. (N.S.) 847, we accept the preferred spelling as "M’Naughton.”
The brief of amicus curiae, a society for the advancement of forensic psychiatry, tends to leave the reader with the impression that psychiatric diagnoses are as reliable and predictable as those of the classic branches of medicine, and that the general unanimity of the psychiatrists in the case at bench is the rule rather than the exception. For a documented discussion that dispels this impression and reveals the other side of the psychiatric coin, see Hakeem, A Critique of the Psychiatric Approach to Crime and Correction (1958) 23 Law & Contemp. Prob. 650; see also Szasz, Psychiatry, Ethics, and the Criminal Law (1958) 58 Colum. L. Rev. 183; Hall, Psychiatry and Criminal Responsibility (1956) 65 Yale L.J. 761; Wertham, Psychoauthoritarianism and the Law (1955) 22 U. Chi. L.Rev. 336. Indeed, the trend if anything is away from dogmatic certainty and agreement: as recently pointed out by a psychiatrist experienced in the treatment of offenders, “The intelligent public has the right to know that, today, psychiatry is in ferment—many concepts, held for decades to be firmly established, are being increasingly challenged, and fundamental divergencies are developing among its leading exponents on almost every issue of psychiatric diagnosis, therapy, and prophylactic recommendation. This holds true to an even greater degree for legal psychiatry. The popular picture painted by its propagandists is sometimes totally unrealistic and irresponsible. Attempts to present a united front to outsiders neither further the cause of psychiatry nor are they socially and scientifically justifiable.” (Schmideberg, The Promise of Psychiatry. Hopes and Disillusionment (1962) 57 Nw.U. L.Rev. 19, 21.)
On April 10, 1963, Senate Bill No. 1187 was introduced, embodying certain legislative recommendations of the Special Commissions on Problems of Insanity Relating to Criminal Offenders. Section 4 of that bill proposed to add a new provision (§ 26.5) to the Penal Code, declaring that “A person is not criminally responsible for an act if, at the time of the commission of such act, as a substantial consequence of mental disorder, he did not have adequate capacity to conform his conduct to the requirements of the law he is alleged to have violated.” After a first reading the bill was sent to the Senate Committee on the Judiciary, where it was referred to the Rules Committee for assignment “to an appropriate interim committee.” That committee subsequently assigned the bill to the Senate Interim Committee on the Judiciary for further study.
Defendant lived with Ms mother and older brother since his parents were divorced some 13 years previously. However, his father remained on good terms with the family; he drove by their house each morning to ascertain that they had not overslept, and he often ate with them in the evening.
This does not mean, of course, that it was his only motive. At different times defendant offered as reasons for the murder the fact that Ms mother nagged him, that they constantly bickered, and that he was ashamed to bring friends home because his mother did not keep house well. However, the issue is not whether in the opinion of an appellate court such other reasons may somehow be deemed evidence of ¿«sanity, but whether the record supports an inference that defendant had an actual —not just imagined or hallucinatory—motivating reason to commit these acts. As observed above, our inquiry must be to determine whether there is substantial evidence to support—not to undermine—the verdict of the jury.
It is true that the
Sarmon
opinion (at p. 554 [3b] of 110 Cal.App.2d) cites
People
v.
Chamberlain
(1936)
supra,
This document was read into the record by Officer Hamilton and later admitted into evidence as People’s Exhibit 3. But a comparison of the exhibit (which is part of the record in this court) with the version of
10When the transcript of the interrogation was subsequently shown to him defendant scratched out the just quoted answer and substituted the words “I knew it was wrong but I wasn’t thinking of it.” Officer Hamilton testified, however, that the latter words were not part of that conversation with defendant, and that in each instance where defendant had scratched out answers, the original answer was the one actually given by defendant during the questioning.
11Defendant scratched out this answer and substituted the words “Two (2) weeks, or of just knocking her out.” (See fn. 10, ante.)
12Def endant changed the first sentence of this answer to read: ‘ ‘ There is the reason that we didn’t get along.” He also added a final sentence to the answer: “I didn’t want to hurt her at all.” (See fn. 10, ante.)
Even on this diagnosis there was not complete unanimity: Dr. Smith testified that defendant's schizophrenia is of the paranoic type, while Dr. Maculans was equally firm in stating that "In my opinion he is not" of the paranoic type. Similarly, Dr. Maculans found the incident of. defendant's attempting to enter a girl's house through the chimney to be "very significant," whereas Dr. Nielsen said of the same incident, "You don't have to be a schizophrenic to do that. You can be a psychopath or you can be anything else. ... It could be due to normal instincts with extremely poor judgment." .
In
People
v.
Gorshen
(1959)
“ ‘Freud, in 1904, brilliantly demonstrated by analysis of slips of the tongue, forgetting, and trains of association that what we call free will or voluntary choice is merely the conscious rationalization of a chain of unconsciously determined processes. Each act of will, each choice presumedly made on a random basis, turns out to be as rigidly determined as any other physiological process of the human body. Yet all of us continue to live our lives, make our choices, exercise our free will, and obey or disobey the law as if we actually had something to say about what we are doing. ... It does no good to proclaim to the jurist that scientific evidence proves that there is no such thing as free will. . . . ’
“The prosecuting attorney then asked, ‘you feel there is no such thing as free will?’ The doctor replied, ‘I believe in what the philosophers call the posit of free will. A posit is a working assumption. When I treat a patient, if I believe as a working assumption, that everything is predetermined or determined by forces outside of the patient’s choice and consciousness, there would be no point in my doing psychotherapy or psychoanalysis; because obviously nobody would ever get better. I certainly proceed on the theory that I and our patients have something to say about what I do and about our choices. What I cannot tell you, because there is no scientific proof, is how much. ... I know that individuals who are suffering from certain kinds of mental illnesses, tend to have very little to say about many of the things that happen to them ; other people have a great deal to say about it. . . . Now, whether or not it could be scientifically demonstrated that in no instance is there any free will, this is something I can’t give you any answer to.’ ”
As Professor Glueek reminds us, “It must be borne in mind that, at best, a psychiatric diagnosis and the ex post facto behavioral inferences drawn from it can speak only in terms of probability; rarely, if ever, does the experienced alienist commit himself to anywhere near a dogmatic, hundred percent certainty.” (Glueck, Law and Psychiatry (1962) p. 19.)
The interpolated numbers [1] and [2] have been added for the convenience of the ensuing discussion.
There is no merit in defendant’s subordinate contention that the court erred in refusing his proffered instruction on preponderance of the evidence, as another instruction adequately covering the same subject was given.