David L. Bazelon
How Judge Bazelon rules, drawn from 26 signed orders. Every observation links to the order it came from.
Judge Bazelon no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Bazelon decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In a competency appeal, Bazelon read the examination statute to require a psychiatric evaluation when the accused makes a good-faith, nonfrivolous request. The trial court could screen the request but could not weigh competing evidence of competency at that threshold.
“We therefore hold that a motion on behalf of an accused for a mental examination, made in good faith and not frivolous, must be granted under the statute.”
In an insanity-defense retrial, Bazelon separated a defendant's ability to understand and assist at trial from the different question whether the defendant was sufficiently well to leave a hospital.
“But there is an even more critical fault. Competency to stand trial is entirely different from such soundness of mind as would warrant discharge from the hospital.”
In an en banc insanity-defense appeal, Bazelon allowed a psychiatrist to base a diagnosis partly on reports that experts ordinarily rely upon professionally, even when the reports themselves were not admitted into evidence.
“the better reasoned authorities admit opinion testimony based, in part, upon reports of others which are not in evidence but which the expert customarily relies upon”
Procedural preferences
In a speedy-trial appeal following repeated trials and periods of incompetency, Bazelon focused the constitutional inquiry on whether the delay actually prejudiced the defense and whether a further prosecution remained just.
“The question here is whether, when such delay does result in prejudice to the accused, it is just to try him.”
Cautions
In an insanity-defense case, Bazelon barred arguments inviting conviction because the accused might be dangerous. Dangerousness could support treatment or confinement, but it could not replace proof of criminal responsibility beyond a reasonable doubt.
“But nothing justifies a judge in warning a jury that, if they acquit the accused, they will be releasing a dangerous man to prey upon society.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Since we believe the order directing transfer of the case below should be vacated and set aside for the reasons discussed, it is unnecessary to consider the additional arguments urged by the petitioner.”
“Remanded for further proceedings in conformity with this opinion.”
“Reversed and remanded for a new trial.”
“Reversed and remanded for a new trial.”
“In Misc. 704, the judgments of conviction are reversed.”
“Reversed and remanded with instructions to dismiss the indictment.”
“Reversed and remanded for a new trial.”
“We therefore remand this case for further proceedings in accordance with the views expressed in our opinion of May 24, 1962.”
“We therefore vacate the Commission's order, and remand the cause to it for its further consideration.”
“Remanded for further proceedings in accordance with this opinion.”
A historical record
Judge Bazelon no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.