, 1863-01-03

tenn Of criminal jurisprudence Is founded upon IN
crror, both fundamental and ineradlcabIe Free |
a az mora agency implies ts entire
them: and assumes that I'LL the outward acts and
hence that they are voluntary Oh this principle
society, in all tie relAtiouB rcposes It ID applied
without regard 10 the moral training Of the tadl
rising from disease, Of from temper, Or passions
hnhitnally Indulged.'. However psrvcrted the
moral sense er strong and uncontrol1able the pas
be cposscesed Of a sense Of right and wrong, and
the power to control the, win and to act from
s%s9ss s. sSthes s psssaRGn pMea R se b a II
:. I'VE :., may nov perceive more eles;ly, what
moral And arst Of inteilectuai Hte pe Insanity: IT,
o. itolde1 p ths inteeet is aeusIen q hsaei
manin, the hallncination extends to all Kinds Of
objects and subjects. and generally manlfcsts itself
partal iSsafty the haueinsion II is eonansd 70
is tl'e species with which We hare here to do.
state Of the mind which is Indicated by belief IN
trees wall, statues nod; orin the belief Of u state
existence Of which there is an entire absence Of
all reasonable grounds Of belief. It also some
times manifcsts itself in belief Of direct reyela.
legation to obey the revealed will. -.
!" This state Of the intellect indicates the exist
ence OF disease which In its effect subjects the
wiz. Judgment and conscience to the Imagination
With reEpect to the subject Of the insane belief.
The influence OF such belief or de1usIon over the
@1a is much s1eatef than tie power OF any con;
directs and controls the will, Judgment and moral
senee with inconcei.ably create, force. The b..
epccts to reason eoFreetIV n IN any snbeet beyond
tie ranee Of Els haueiat!en ana b aot omitted Gnst
Tor the Intelligent care and ndncnt and reason
d Re aelnssn IS ha
5saPss nlf I'D 2easons logical and rational with
reapcet g 10 It The iacts Constituting the delu
s:on wc!e real and not imaginary"
..Thclaw 1e well as medical science recognizes
all these forms Of mental insanity and has certain
estabtefcd principles applicable TO the subject,
For obvious reasons higher degree Of insanity
qucnces of criminal acts than to discharge him
from the obligation Of his contracts. 4 man is
not to be 81 e1eased from Eesnonsibility l. be as
tween right and wrong as to the particular act hc
~ then doing, knowfcdge and conseiousucsa that
S Se sfs
a general knowledge that the act Is wrong In its
| nature, because this general knowledge may vel
consist with delnsoa na to the moral quality Of the
act, when considered III reference to the person
| aud the circumstances believed to exist
and which In Themselves constitute the delnsion
or insanity: There may be insane deluslon with
etanccs as well aa in the belief which ie the pc;-
mary evidence Of unsoundnets Of mind. From
science may b. saieeted Of prssented By an s1 H.
sane affection, sell agcucy ccasca, and acts done
under thu influence thereof are neither criminal
sa For III cato9 toe' hc nsi a% @
homicide on the ground Of partial inranity In the
cun,stancea in which the act would be cxcnsahlc;
ifthc 1ncts constituting the deluEion had an actual
cxietcnce and wera rot mcrc hnllucinatlon=, as in
/ :. Secohd-When the act Is done unlera dc]usire
belief ofa Divine command and oycrEnling ncces
y Or nes n ns OF
and conscience with respect to the moral quality O
TAi,d--Wherc the dclnsion consists in tht
belief that wrong has been done to the accused IL
manner which II true as believed, would not ex
cuse homicide. buth il at the time Of the commits
incapacltated from knowing that he + doing wrong
knowledge and Consciousness exist, the accuse.
. be treated aa one Of reyense''
".seeondly--of moral insan1ty:-As defined b,
thoec medical writer's who treat this dscaaci It con
etsts in tho existence Of some of the natural In
clinations, dispositions Or psopcnsities, in sncl
violence that ii is impossible not to yield to them
It is attended with no deluslon Or disorder Of th
intellectual faculties In any notable degree, ant
the mind i conscious Of rfsht and wrong WIN
Under m; It's inauenee And xet notwith'staqdn,
this consciousness the mere violence OF the 1ncll
milton to commit the act is 80 great as to over
throw all the power Of resistance which the min
may be ablc to oppose to it. Under it's tnfluenc
the individual ceases to be a moral agent. Whe1
c1inatton and dceirc to KILL is often tndiecrimtnat
In its violence sometimes directing itself agains
the lires OF pereons Indifferent to the sufferer a
and it is Impossible for him to restrain tho uncoi.
trolable hcrceness Of the impulse OF DESIRE Th
act is never Influenced by revenge Q, any Of tn
from the homicide. It i said to overcome To-
power Of self control, and to act without motive
any kind, and t5equent1y without premcditotoa,
ty or disposition by which the will is overcome.
"Most certainly, # this form Of insanity has an:
aseted Ct f. ess
tions, aa Il has been observed, bear stirling re
nizcd By the medical profession, though it ha
been rejected hy TIE Engah courts Of qstee a
e. @ IL p r
what is Of more consequence to us, It is inplied
. recognized By the Supreme Court Of this State Il
in in ta case as upon solemn eo DER Ion
!, must be regarded as the law Of this case. But #
saying this It is ny duty TO add that It was regaEt
Justice By the Conrt which frat promulgated 1t
aprincplc Of legnl science rs to induce the obsel
s be s II G
cases: 1t fought to be shown to have been hahitua
! Or at least 70 hare etinced itself in more than
!, 10 bcar unmietaknblc marks Of instinctis
= and uncomfortable impulse. where this a1cctio
Ia alleged, says Dr.. hay, whose authority is on
Of the chief supports Of this opinion, lin cxcus
present; second, that it had arrived at that stag
In which its impulses arc Irresistible; thirdly, thi
4 1t should be the exclusive cause Of the ctimin1
y act"
difficulty In determining tie presence or absent
OF tlie disorder when Il exists and is really tt
cauec Of tlo criminal act, as it maY be said ths
there can be no reliable aatss ease Of mora! ipsan
l. citing and adequate motive Is found in the ey
r. | dcnce. Hence where The criminal act can /
- traced to dceire Of gain, or to hatred, revene
q cnncse, the net must Be ascribcd to such motis
= or impulee, md not to that irresittiblc fmpult
1t | which fs said 10 constitute The distfnruisffr
e characteristic OF the diseasc.''
t 4Ns 4noet!oae'
IA I'm applying tue principles Of the law Of II
sanity as thus defined ,ttothc particular circuu
d stances Of this case, The Court instyucts Il
:, | inrv IN thc nnrf nf fhe nann1o and II +ho
d 5enni, 'A'l Iue} oeue'e Hom lhe eS
a dence:"
- "F1rstLIhat the mind Of the accused VI:
it drunkenness, and that with a knowledge Of th
predfsrosit!on and of right and wrong, the accuse
' voluntarily put himself in that state and commf
y tsd The at T. With which he is charged, tue aet
that case fs Criminal in the same degree as II the
lad been no predisposition to insanity when und'
l. the Influence of drunkenness"
= "Setond-That even though the jury shon
etd o nd1
!, ity. yet II they further find that at the time
committed the act he had perfect knowledge
d right and wrong With respect to the act itsel Al
ID uuality thcn tic law regards him as moral age,