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- SUPREME COURT OF THE UNITED STATES
- --------
- No. 92-8346
- --------
- TERRY LEE SHANNON, PETITIONER v.
- UNITED STATES
- on writ of certiorari to the united states court
- of appeals for the fifth circuit
- [June 24, 1994]
-
- Justice Stevens, with whom Justice Blackmun
- joins, dissenting.
- A rule that has minimized the risk of injustice for
- almost 40 years should not be abandoned without good
- reason. In 1957, shortly after Congress enacted the
- statute providing for civil commitment of persons found
- not guilty by reason of insanity in trials conducted in
- the District of Columbia, the Court of Appeals, sitting in
- banc, considered whether juries should be instructed
- about the significance of that provision. Recognizing
- that an uninformed jury might erroneously find an
- insane defendant guilty to avoid the risk that a danger-
- ous individual would otherwise go free, the court held
- that such an instruction should be given. Lyles v.
- United States, 254 F. 2d 725 (CADC 1957), cert. denied,
- 356 U. S. 961 (1958). In an opinion jointly authored by
- Judge Prettyman and then-Judge Warren Burger, the
- court explained that the doctrine that the jury has no
- concern with the consequences of a verdict -does not
- apply in the problem before us-:
- -The issue of insanity having been fairly raised,
- the jury may return one of three verdicts, guilty, not
- guilty, or not guilty by reason of insanity. Jurors,
- in common with people in general, are aware of the
- meanings of verdicts of guilty and not guilty. . . .
- But a verdict of not guilty by reason of insanity has
- no such commonly understood meaning. . . . It
- means neither freedom nor punishment. It means
- the accused will be confined in a hospital for the
- mentally ill until the superintendent of such hospital
- certifies, and the court is satisfied, that such person
- has recovered his sanity and will not in the reason-
- able future be dangerous to himself or others. We
- think the jury has a right to know the meaning of
- this possible verdict as accurately as it knows by
- common knowledge the meaning of the other two
- possible verdicts.- Lyles v. United States, 254 F. 2d
- 725, 728 (1957).
- Concurring with this part of the foregoing opinion,
- Judge Bazelon acknowledged that -[t]he false assumption
- that acquittal by reason of insanity, like outright
- acquittal, frees the accused to walk out on the streets
- may lead juries to convict, despite strong evidence of
- insanity at the time of the crime.- Id., at 734. Trial
- courts in the District of Columbia have used a pattern
- instruction-approved by prosecutors, defense counsel,
- and trial judges-ever since.
- Other federal courts did not give a comparable instruc-
- tion prior to 1984 because no federal statute authorized
- civil commitment for insanity acquittees except in the
- District of Columbia. In those courts, an instruction
- advising the jury about the consequences of a verdict of
- not guilty by reason of insanity-often that such a
- defendant would, indeed, go free-would have tended to
- increase the risk of improper convictions. It was
- therefore appropriate for federal judges to adhere to the
- general rule that the jury should be instructed to base
- its decision on the evidence before it, without regard to
- the possible consequences of its verdict. That rule, of
- course, was primarily designed to protect defendants
- from the risk that jurors might otherwise improperly
- rely on matters such as sympathy for the victim,
- arguments of counsel, or inadmissible comments in the
- courtroom.
- When Congress enacted the Insanity Defense Reform
- Act of 1984 (IDRA), 18 U. S. C. 17, 4241-4247, it
- established a civil commitment process for the entire
- federal system, thus making the basis for the D.C.
- Circuit's holding in Lyles applicable to all federal courts.
- The Act's legislative history unmistakably demonstrates
- that the Act's sponsors assumed that the Lyles precedent
- would thereafter be followed nationwide. See ante, at 9.
- That assumption does not have the force of a statutory
- mandate, but it verifies that thoughtful legislators
- familiar with the issue believed that precedent to be
- entirely sound. That this Court should now decide to
- change an established rule that Congress accepted and
- that protects defendants meaningfully against an obvious
- risk of injustice is startling-particularly when that
- change is for no reason other than a perceived inconsis-
- tency with another rule that is generally protective of
- defendants' rights. A far wiser disposition would allow
- the defendant to choose between the two rules, rather
- than tilt the scales to favor the prosecutor in every case.
- The incongruity of the Court's holding is compounded
- by its selection of Rogers v. United States, 422 U. S. 35
- (1975), as its authority for what it calls the -principle-
- that juries should not consider the consequences of their
- verdict. Ante, at 5-6. It is worth noting that the writer
- of the Court's opinion in Rogers-Chief Justice Burger-
- was also one of the authors of Lyles. In Rogers, the
- jury had sent the judge a note asking whether he would
- accept a verdict of -Guilty as charged with extreme
- mercy of the Court-; when the court answered yes, the
- jury returned five minutes later with that verdict.
- Rogers, 422 U. S., at 36-37. What Rogers held is that
- the guilty verdict had to be set aside because the court
- had violated Rule 43 of the Federal Rules of Criminal
- Procedure by responding to an inquiry from the jury
- without advising defense counsel. Id., at 40-41. The
- Court also considered the judge's response to be mislead-
- ing because it did not advise the jury that their recom-
- mendation of mercy would not be binding on the court.
- Ibid. In that context, the failure to admonish the jury
- that it should reach its verdict without regard to what
- sentence might be imposed was prejudicial to the
- defendant. Instead of supporting the majority's view,
- the case is more relevant for its illustration of how
- concerned juries are about the actual consequences of
- their verdicts. When there is a realistic danger that
- jurors' deliberations may be distorted by an incorrect
- assumption about those consequences, elementary
- notions of fairness demand that a clarifying instruction
- be given.
- The Court suggests that the instruction might actually
- prejudice the defendant. Ante, at 12-13. That argu-
- ment lacks merit, as there is no need to give the
- instruction unless the defendant requests it. Alterna-
- tively, the Court advances the tired argument that if we
- followed the practice approved in Lyles, -the rule against
- informing jurors of the consequences of their verdicts
- would soon be swallowed by the exceptions,- ante, at 14.
- Given that the Lyles rule has survived in the District
- since 1957 without such consequences, this concern is
- illusory. Some courts have assumed that the instruction
- would help jurors focus on issues of guilt instead of
- punishment. -Freed from confusion and fear as to the
- practical effect of a verdict of not guilty by reason of
- insanity, jurors should be able to decide the insanity
- issue solely on the evidence and law governing the
- defense.- State v. Shickles, 760 P. 2d 291, 298 (Utah
- 1988). Rather than relying on a totally unsubstantiated
- qualm belied by history, it would be far wiser for the
- Court simply to recognize both the seriousness of the
- harm that may result from the refusal to give the
- instruction and the absence of any identifiable counter-
- vailing harm that may result from giving it.
- The Court also contends that jurors today are more
- familiar with the consequences of a verdict of not guilty
- by reason of insanity than they were in 1957 when Lyles
- was decided. Ante, at 11, n. 9. No one has suggested,
- however, that the level of understanding even approxi-
- mates that of the conventional choice between -guilty-
- and -not guilty.- Indeed, one recent study concluded
- that -the public overestimates the extent to which
- insanity acquittees are released upon acquittal and
- underestimates the extent to which they are hospitalized
- as well as the length of confinement of insanity acquit-
- tees who are sent to mental hospitals.- As long as
- significant numbers of potential jurors believe that an
- insanity acquittee will be released at once, the instruc-
- tion serves a critical purpose. Yet even if, as the Court
- seems prepared to assume, all jurors are already
- knowledgeable about the issue, surely telling them what
- they already know can do no harm.
- An increasing number of States that have considered
- the question endorses use of the instruction, as has the
- American Bar Association. Judge Newman's succinct
- assessment of the pros and cons is exactly right: -There
- is no reason to keep this information from the jurors
- and every reason to make them aware of it.- United
- States v. Blume, 967 F. 2d 45, 52 (CA2 1992) (concur-
- ring opinion).
- I respectfully dissent.
-