Douglas Smith claimed that be had no memory of leaving a minimum security camp and finding himself in the middle of the forest following his departure from the facility. But Smith was charged with having knowingly escaped from the facility, an indictable offense. The defendant contended that because he was suffering form severe depression at the time of his escape, he was unable to have knowingly committed the offense (as charged in the indictment). He notified the trial court that he planned to rely on a defense of "partial responsibility."
The applicable Oregon statute authorizes the admission of the evidence that the defendant suffered from a mental disease or defect "whenever it is relevant to the issue of whether the actor did or did not have the intent which is an element of the crime." The state claimed that the partial responsibility defense was not available to a defendant charged with having "knowingly" (as opposed to "intentionally") committed a crime and moved to exclude the testimony of Smith's expert.
Smith asserted that (a) the exclusion of the evidence of partial responsibility would violate his federal due process right to present witnesses in his defense, (b) the evidence was admissible in any event except as to strict liability offenses, and (c) the state (and not the defendant) had the burden of proving all of the elements of the offense alleged in the indictment including the requisite mental state. The trial court disagreed and precluded the testimony of Smith's forensic expert.
Holding: The Oregon Court of Appeals reversed. It determined that the legislature had intended that the language of the statute "the intent that is an element of the crime" be construed to apply to crimes which are committed knowingly as well as to those which are committed intentionally. In reaching its conclusion, the appellate court examined the minutes of the Criminal Law Revision Commission. The minutes clearly indicated that the commission had intended the partial responsibility defense to apply to acts which are accompanied by "mental elements" which "take a conscious formation of some capacity in the person's mind in order for him to understand that he is acting intentionally; knowingly or with extreme indifference to human life." Smith was, therefore, entitled to present evidence of his depression in an effort to show that he was incapable of having "knowingly" escaped from confinement.
| Sidney Zisook, M.D. Professor University of California San Diego |
Dr. Zisook comments: Major depression is not simply a synonym for feeling unhappy, blue, or demoralized. Rather, it is a serious and life threatening disorder that affects millions of individuals throughout the world. Experienced by about 10% of all US citizens at sometime in their lives, major depression tends to be a chronic and/or recurring disorder that is at least as painful and disabling as any other chronic general medical condition and may lead to suicide in those most severely affected. Indeed, suicide, the eighth leading cause of death in the United States today, is linked with untreated or unsuccessfully treated depression in the vast majority of cases.
The diagnostic criteria for a major depressive episode includes at least two weeks of relatively consistent sadness and/or anhedonia (i.e., lack of interest or pleasure in normal activities). During the same two week period, several, but not all of the following symptoms must also be present: feelings of inappropriate guilt or worthlessness; changes in appetite or weight; changes in sleep patterns; decreased energy; physical agitation or retardation; difficulties in concentration, thinking, or making decisions; and morbid thoughts of death, dying, or suicide. Associated symptoms of poor self-esteem, anxiety, irritability, hopelessness, helplessness, lack of motivation, or social withdrawal are often, but not invariably, present. On relatively rare occasions, the depressive episode can be associated with psychotic features, wherein the individual loses touch with reality and may experience delusions or hallucinations.
Once depression with psychotic features and/or a manic or mixed episode has been ruled out, the symptom that relates most closely to the way major depression affects thinking and criminal intent is the onset of difficulties in concentration, in thinking or in making decisions. Several studies have found evidence of impaired functioning in the following domains: attention, verbal learning, speed of information processing, motor skills and reaction time. Amnesia, forgetting what one has done, not knowing what one is doing, or disorientation to time or space are not included among the symptoms or consequences of depression. The cognitive deficits associated with depression are usually mild but can be accentuated in the more severe depressions, older patients, or patients with combined general medical, neurological or substance abuse disorders. There is no logical association between any of these potential deficits and the ability to plan or carry out criminal activities.
Depressed persons may not be able to work effectively, relate to others as they normally do, or carry-out complex tasks that are a "piece of cake" during nondepressive times. But nothing prevents them from knowing what they are doing or from choosing to avoid certain activities. Indeed, depression is much more likely to be associated with omission of activities (social withdrawal, avoiding work or school, etc.) than with their commission (with the possible exception of suicide). Even when committing suicide, the depressed persons know what they are doing, chooses to do it, and intend to die (rather than to go on living in pain and anguish).
A depressed medical student I saw dropped out of school. His low energy and impaired concentration made if difficult for him to maintain his customary grades, and his low self-esteem led to him questioning his intentions to be a doctor. He felt he was taking up valuable space, that he would not be a very good doctor anyway, and that a more deserving person should take his place. He regarded his decision very carefully, felt leaving school was the lesser of the evils, but felt intensely guilty about his decision. But he was the first to admit that he knew what he was doing and took full responsibility for his actions. Such is the nature (and tragedy) of depression.
In summary, depression is a serious mental illness. It is associated with a myriad of symptoms—psychological, somatic, psychomotor and cognitive that cut across all aspects of the way a depressed person functions. But none of the symptoms—even intellectual impairment—prevent the person with major depression from knowing what he is doing or from choosing between alternative actions. One might not understand why a depressed person functions poorly or makes self-destructive decisions, but that does not diminish the person's awareness of what he is doing or the intentionality of his/her choices.
Q: Depression and Criminal Intent?
A: No symptoms of depression prevent a person from knowing what he is doing or making a choice.
