Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-04-18
CRIME

legal documents went 50 far as 10 ac-
cuse criminals Of being "instigated by
the devil" Modern politeness forbids
such direct reference to his Satanic
Majesty, while scoffers actually deny
him entity. Grimes are no longer in
stigated by the gentleman in black, but
by emd8ional insanity, paro1ysmal i'm
pulse mitigating circumstance, or some
other irresponsible element of human
existence. From a cynical standpoint
the medieval doctrine was as good as
the new one; both relieve the offending
criminal from responsibility by repre-
senting him as the victim Of a malim
influence. Once this external pressure
was called "the devil" for short. Sub
s~equently it assumed the shape Of
universal depravity'' and Original
sin" Now it is spoken of as the natu-
raj sequence of abnormal physical and
mental conditions, either inherent or
s~uperinduced by circumstances. 1t
may have been mere poverty Of Ian
guage In our forefathers to cut the ex-
PLANTATION so short. Their theory of a
devil vas simplicity itself, and account
ed amply for every phenomenon of
crime. According to Lord Bacon, the
father Of modern philosophy, the sim
plest hypothesis that explains the phe-
nomena is always to be preferred. But
our modern substitutes for the devil
theory are becoming more complicate
and perpleFing every day, without lead
ing to any ~perceptible practical results
in the way of diminishing crime.
Whether we call it devil, human de-
praEity, monomania or hereditary in
~clInatiOn, the enemy that society is
compelled to fight remains in essence
the same.
In a recent magazine article, Oliver
Wendell Holmes undertakes to mys-
Gfy our modern theories all the more
by announcing The principle of auto
mRtism. He seems to hold that all
great criminals, and many of the lesser
ones, are mere automatons, as ire
sponsible as So many wonder toys, and
played upon by heir dead p~rogenitors
through inherited instincts. The pro-
fessor discusses learnedly the question
whether the quality and quantity Of
transmitted irresponsibility can be
measured, arguing that this unknown
quantity should be deducted from the
responsibility Of the individual crimi-
nal. The energy and industry that a
man derives from a good mother may
make him all the more energetic and
industrious in the pursuit Of criminal
instincts inherited from a depraved
father. Hence the transmission of
virtues may multiply vice an hun
bred fold. The bold, able and
successful villain thus becomes
entitled to double commissera-
ton. If the law would be lust,
1t must deduct from his criminality,
that amount Of it which is due to the
virtues of his ancestors as well as their
vices. The residuum left will constitute
his measure Of responsibility. The
possibility Of murdere rs ,debauchees and
horse thives ever getting their deserts
under such a theory is rather prob
lematici and plain people, after admit
ting all that the Professor claims,
would be disposed to remit such nice
ties Of justice to the tribunal Of an
other world, where all things are to be
made even, which can never be here.
But science is progressive, and may
yet abolish the long-supposed necessity
for an ultimate Judgment Day. At
least Prof. Holmes argues that, if his
theory Of automatic crime can be sci
entifcally established, its practical ap-
plication in our courts of Justice should
and must follow. It will then be-
come the duty Of scientific men. in
specific cases, 10 ascertain in what de-
gree a murderer has been controlled by
inherited instincts or automatic pas
siOns and impulses; and as the argu-
ment proceeds on the basis that most
wanton criminals are automatons, med
zeal officers viii become necessary a3-
juncts Of every court. When this new
order Of things is arranged, each Grim.
inal, instead Of pleading mitigating
circumstances, will expose the foulness
and blackness Of his heart to the best
possible advantage, aud seek to prove
himself an automaton beyond perad-
venture.