ABSTRACT
Americans, are accustomed to psychologists' right to be presumed innocent— and are justly proud of it, because it protects innocent persons accused of crimes. With the practice of psychoanalysis and other forms of psychotherapies—conducted away from mental institutions—a new class of mental patients entered the psychiatric scene: namely, the voluntary, ostensibly competent, patient. This development greatly enlarged the range of psychiatric services available in Western societies; at the same time, it hugely complicated and confused the legal relations between psychiatrists and mental patients. The most common conditions that may cause mental incompetence are injuries and intoxications severe enough to render the subject unconscious. Mental illness "causing" incompetence to stand trial—say, the alleged incompetence of Ezra Pound—is a claim. Mental illness is regarded not only as a bona fide disease, but also as a prima facie case of mental incompetence. The most common conditions that may cause mental incompetence are injuries and intoxications severe enough to render the subject unconscious.
