Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1871-08-15
Crime and Insanity.

Among the strong arguments In proof of
mans depravity is his effort to disprove it,
A stronger than this is found in the statutes
aud penalties he has iHstituted against his own
exeesses. NOrare these proofs less conclusive
when We consider the evasiCns and interpreta.
tiOns by which his laws are practically nulIi,
fed. The charitable view which the Court
takes Of the accused, that he is 70 be regarded
as innocent until proved to be guilty, and al
lowed so to declare himself, is essential to the
security Of justice. But the maxim that il
were ''better for ten guilty mep to escape than
that Que innocent man be condemned" is. in
our opinion, often Injurious 1t is dictate
of justice, as we'll as benevOlence, TO allow 4
criminal every proper advantage. For he may
have committed crime under great provoca-
tiOu and insult or when reason was disturbed
by inebriety; or his whole nature was en-.
thralled by temporary madness.
The DRIFT of public sentiment in our coun.
try seems TO be, as it has been for wears. TO
find an excuse for the great criminal, who
commits a crime in the absence O! severe pro.
vocation, and in downright physical soGerr,ess
And this excuse is in the iorm of a presumed
insanity. Charity for our erTing fellow man.
and the consciousness of our own shortcon,iug.
dictate ON OGr part the greatest Kindness of
feeling and procedure toward Que whom we
feel Obliged to accuse. Doubtless. there arc
thousands, who never crossed the threshold of
prison, more deserving place within its
iron bars than multitndes who pine and suffer
there and scores who never saw a gallows.
litter subjects for its agony and shame than
many who perish by the halter. With this
conviction; we demand, in case of capital pun
ishmeHt, most decided demonstration of guilt.
aud motives in the commission of the deed of
the most base and inhuman character But
1t Is perilOus for community to lose its sense
OF justice TO take sides, through prejudice
and deficient conscience, with the guilty.; TO
glorify him, if acquitted and make demon,
strations OF disapprOval, if condemned. More
dangerous still Is il to social security, when
the representatives Of law aud Justice en-
deavor,on imaginary,or at least trivial grounds,
to prove that the deed was perpetrated in tho
absence Of accountability. Were there no
other cause for stupGndous crime-for robbery.
murder, aud those violations which arc more
terrible than all others; we're there no avarice.
no devilsh hate, no revenge, no lust-,ye
might be excused in attempting to account
for such deeds by the plea that the perpc,rator
has lost his reason. But actual insanity does
not Invariably lead the unhappy man to com.
NIT crime; while the history Of criminals CON
clusively proves that avarice. revenge. jealousy.
ambition, and lust are prolific aud fearful
sources of capital crime. 1t is not unlikely
that the mind often loses its balance on
the immediate approach of a man to the com
mission OF murder. Passion may so shake
him. fear may SO agitate him, aud after the
deed Is done, conscience may so torment him
that he loses his wonted steadiness and self.
control; his words are contradictory, his de.
meanOr is almost irrational But, unless an
hereditary faint can be established. or in.
stances of previous alteration be proved. it is
more than probable that the deed was done in
a state of absolute accountability. and so it is
to be judged by the motives which reveal
themselves in the course of the trial
There is a leniency to the criminal which
involves injustice to society-compassion to
one but cruelty to many. Law j. for the
protection of the innocent-fOr the people it
becomes useless, nay, injurious, when it sets
at liberty the guilty man, who is sure TO use
his liberty in the fendish practices of robbery,
murder, ard lust Moreover, when man il
acquitted On the ground OF insanity. instead of
running Mt large in society, let him be placed
where he will be likely to iujure neither him.
self nor others