The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1877-02-14


ments OF Observation-Disclosures than buildings
dedicated to the care of the unfortunate and
the amelioration of their condition. Asy-
lums for the insane, the blind. the deaf and
dumb, and the poor, are among the crown
ing glories of the age in which we live, and
when cynics creak, it is only necessary to
point to these achievements to demonstrate
that the world is steadily rising to
more elevated planes of thought and pur-
pose. We are aware that it is quite common
to go back century or two for points of OBJ
seTvation, and ask attention to the triumPhs
of architecture as displayed in churches and
cathedrals of medieval style and grandeur,
and from such data conclude that in some
regards, at least, little if any progress has
been made. We would not underrate the
triumphs of Grecian or Roman art, or the
the religious fervor that exhausted its re-
sources in building temples to the Most High,
but we hold that the humblest asylum, where
reason is restored to the insane, where the
the mind of the blind is taught to act in the
darkness, and fingers are taught to read the
thoughts of scholars; where the dumb are
brought into intelligent communion with
the busy world around them, or where the
poor find resting place and shelter from the
storm, are achievements of far greater sig
nifcance, and teach lessons infinitely more
valuable. 1t is not surprising however that
the vicious are disposed to take advantage
of benevolence, or that the gentler
methods of dealing with crime which distin-
cuisines every advanced step of civilization
is LAID hold of for the purpose of rescuing
criminals from the clutches of the law, or
to modify the penalties which their crimes
demand. In this regard nothing is more
common than the attempt to shield murder
ers by the plea of insanity. So common, in
deed, has this dodge become that The
punishment which the awful CRIME
justly merits is so frequently avoided
that society is becoming justly alarmed,
for with every acquittal upon the plea of
insanity, life becomes more insecure The
law in its beneficence reflects the advanced
civilization of the period. To visit upon
the crime of murder the full vegeance of
the law when the murderer is even suspected
of being of unsound mind, is repugnant to
all sense of Justice, and hence the frequency
of the plea in the interest of the criminal;
and hence also the fact that the culprit too
frequently goes free. Under such circum-
stances it is not surprising that public
attention is called to subject
which is enlisting the abilities of
the best thinkers of the country. The
legal and the medical professions are en-
deayoring to discover methods which shall
enable courts and juries to arrive at conclu.
sions that will protect society, while no in
justice shall be visited upon persons entitled
to commiseration instead of punishment
In New York there is what is termed a
"HedieO-LegaI Society,"" before which ques-
tions are discussed likely to occur in the
determination of cases in which medical
knowledge may be required to aid the law
in determining the measure of re-
sponsibility and the character of
penalties. At late meeting Dr.
Alfred L. Carroll read a paper upon
insanity as affecting the responsibilities of
criminals. The doctor treated the subject
at considerable length, but we have room
only for an extract or two. The impossible
ity of framing comprehensive definition of
the term insanity was stated, after which
the doctor discussed 1.-The aspect of insanity
most interesting to the pu bic" and which,
according to his view, relates to criminal ac-
tons, especially to homicide, He said;
It has latterly become the fashion with
counsel for the defense to impress upon jury
men of the period that killing Is priDld Jdcie
evidence of mental unsoundness, and to retain
medical experts special pleaders, not to give
aa impartial scientific opinion, but 10 concoct
The most ingenious case for the defendant. II
Is beyond question, however, that there are
numerous phases of insanity clearly dis
tinguishable by professional observer, but
not easily TO be perceived by an unpractised
eye, and the dispute between law and medi-
cine these obscure forms of mental dis
arises from the fact that the legal notion
of insanity remains unaltered from past age,
when nothing but total dethronement of rea-
recognized as lunacy, while modern
medicine has learned TO detect early stages
and less marked varieties. But even sup
posing forensic doubts of diagnosis were
set at rest, the he question would re;
main main whether o all these less defined tined
the operation of criminal law; and this ques-
ton will be unhesitatingly answered in the
ieni Ny a WIEN they 20 to
insanity, do not necessarily mean 10 imply
that he is unaccountable for any or all of his
actions. In Olner words, tncre Is a distinction
be drawn between insane criminals and
criminal lunatics; and IL is quite possible that
person whose insanity would a0SOlve him
from responsibility in one direction may COM
init crime from "A sanely criminal motive-if
such paradoXical expression be permissible
In any given case the first question 10 be con-
sidered Is whether the criminal act was the di-
rect outcome OF the actors insanity; the sec
ond, whether, II so, the person was incapable
OF resisting the insane prompting. Even
Maudsley himself is forced TO admit some
measure of responsibility in some cases And
he further says: There can be no doubt that
the insane inmates NJ asylums are To some ex
tent deferred from doing wrong by the fear of
what they might suffer-"
The argument of DIR. Carroll very clealy
shows that he is not in sympathy with the
doctrine of total responsibility of all cases
of mental unsnundness The nnasfinn of