The Michigan Daily-Thursday May 14, 1981-Page 7
C":tJ'l. ": l~ilE i i4 C":lr{i~ i"::}ii@ "yri}}i:: E ER ER E
Workers
uncover
hidden
MANILA, Philippines (UPI)-Workers digging an
irrigation project uncovered $2.9 million worth of
gold antiques believed to be the legendary World War
II "Treasure of Yamashita" hidden by a Japanese
general, police said yesterday. The discovery
touched off a gold rush.
"It's bedlam out there," a police spokesman said.
"Work on the project has been suspended because
people from the surrounding towns have gone there to
dig."
POLICE AND government troops were sped to the
southern Philippines village of Mangroyang to
prevent looting of the priceless items and to maintain
order.
Word of the find Sunday brought thousands of
residents armed with shovels and picks, into the area
near the small farming town of San Miguel in Surigao
Del Sur province, 500 miles south of Manila.
A Philippine national police spokesman said'a
bulldozer operator on the irrigation project unear-
thed a number of antique figurines and statues made
of solid gold.
THE SPOKESMAN said construction company of-
ficials theorized the golden antiques were part of the
fabled "Treasure of Yamashita," named after the in-
famous Japanese Imperial Army Gen. Tomuyuki
Yamashita who was killed by American forces.
He was known as the "Tiger of Malaya" for his
swift capture of the Malayan peninsula and
Singapore during the early days of World War II.
Tales of the treasure have excited Filipino
imaginations since the end of the war.
The stories have been persistent and tell of a large
horde of loot collected by Japanese Imperial forces in
Burma, Thailand, China and other Asian countries
during thewar.
'U' profs discuss legal insanity
(Continued from Page 3)
the time of the crime that fits the state's
legal specifications.
Insanity trials usually proceed in
three steps-first, to determine if the
defendant is competent to stand trial;
second, the degree to which the defen-
dant is responsible for his actions;
third, the present and future danger of
the 'defendant in society.
Leo Kelly's attorney is presently
planning extensive tests performed
both by private and forensic
psychiatrists to determine Kelly's
competency to stand trial.
THE MICHIGAN statute states: "He
(the defendant) shall be determined in-
competent to stand trial only if he is in-
capable because of his mental condition
of understanding the nature and object
of the proceedings against him or of
assisting in his defense in a rational
manner."
"You can't try a person unless he can
assist the lawyer," explained Law Prof.
Jerold Israel.
To determine this, a series of tests
are run assessing the defendant's
ability to understand his legal situation,
the charges against him, the facts
relevant to the case, and whether or not
he can identify and locate witnesses.
IF THE defendant is then found in-
competent, all legal proceedings are
halted until he is judged able to assist
his attorney. If he is found competent,
psychiatrists must then start new
examinations to decide whether or not
he is.legally responsible for the accused
crime.
All authorities agree that insanity is a
confusing term when applied to
criminal responsibility.
It is very difficult to name a specific
mental illness that would render a per-
son legally insane.
According to Hamilton, the practical
cut-point is most likely between
psychosis and neurosis. As defined in
the state statute, mental illness is "a
substantial disorder of thought or mood
which significantly impairs judgement,
behavior, capacity to recognize reality,
or ability to cope with the ordinary
demands of life." Since some mental
illnesses-such as
schizophrenia-make it difficult for the
person to distinguish reality, psychotics
may often come into the realm of legal
insanity.
THE CENTRAL point to this legal
test is whether the defendant was
capable of forming the intent to commit
a crirfe, Hamilton said, since in
criminal law it is necessary that a per-
son have intent for a crime to exist.
Because in Anglo-American common
law a person who is insane cannot form
intent or control themselves, it follows
that an insane person cannot be guilty
of a crime such as first-degree murder
because they do not possess the
capacities to form intent, Hamilton
said.
Legal insanity is defined as a person
who "as a result of mental illness as
defined .. lacks substantial capacity
either to appreciate the wrongfulness of
his conduct or to conform his conduct to
the requirements of the law."
THE FIELDS of medicine and law of-
ten seem to clash in the court room
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when the question of insanity emerges. However, if the verdict is "not guilty
According to Israel, the defense . by reason of insanity," Kelly will be
lawyer will utilize primarily sent to the State Center for Forensic
psychiatric testimony claiming the Psychiatry for a 60-day staff
defendant is insane. At the same time, examination. At the end of that time,
the prosecuting attorney will be his current mental state will be
securing psychiatrists who will testify evaluated. If staff reports confirm a
that the defendant is legally responsible state of insanity, the person will be
for his actions. recommended for voluntary commit-
"It confuses juries to see ment to a state hospital.
psychiatrists challenged and experts If, however, Kelly were found to be
saying different things," Hamilton sane after that 60-day period, he would
said. "There's a lot of tension in public be released from both the forensic cen-
about that kind of defense." ter and prison because the courts found
WHAT COMPLICATES the case fur- him not guilty of the accused crime.
ther is the crucial question of whether This rarely happens, Israel said.'It's
the defendant was insane at the time of very unlikely that a jury will find the
the crime, regardless of his state of defendant not guilty by reason of in-
mind'during the trial. A person can be sanity and then he'll suddenly recover"
mentally ill but still guilty, according to after a 604day exam, he said.
state statutes.
Whether Kelly is found "guilty but
mentally ill" or simply "guilty," he will T
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