Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-12-11
RESPONSIBILITY IN MENTAL DISEASE.

not be necessary SO often to call attention
to the divergence between theory and prac-
tice. In such hypothetical state OF al
fairs the statutory definition of murder
would be accepted just as the statutory
definition of burglary and arson is now
accepted, and the functions of the jury and
the Court would be confined to ascertain.
| ing whether the action of the defendant
brought him within the scope of the legal
| definition. As it is, however, there are In
practice several laws governing murder
cases which do not appear upon the statute
book. and which in fact go counter to all
statutory enactments anC 1t Is to these
unwritten laws" as they are called, that
appeals are madein almosteveryc case of hon.
icide. Thus a man is justified IN committing
! homicide if female relation OF his has
been seduced. Or he is to be held blame
less or the ground thathe wasirresponsible
through a temporary access of mania. In
both these cases ASSUME tions are made which
have no warrant in law, though it must be
admitted that experience with juries has
amply justified counsel for the defense IN
having recourse to them. liz assuming the
responsibility of defendant on the plea
of temporary or impulsive insanity, counsel
are aware that they are calling to their aid
very potent auxiliary. The enormous
difficulty of determining questions SO
| subtle and intricate as those which are
raised by the plea of temporary insanity
must inevitably tend to confuse even
an intelligent jury. The certainty of con-
tradiction in the testimony of the medical
witnesses is another element OF strength
| for the defense. And if only counsel
can persuade the jury that IN
the event of doubt their client
ought to be held irresponsible, their
case is won. So boldly and extensively
has this line of defense been operated that
the actual law in regard to murder is
rapidly falling into contempt. What con-
stitutes murder to-day it would be no easy
matter to say OF course the codes contain
a precise enough definition of the crime,
but in practice this definition is ignored.
1t is from the jury box, and not from the
statute, that we must learn the actual state
of the law, for it is public opinion, sophis-
ticated or unsophisticated, that determines
what the punishment of crime shall be, or
whether it shall be punished at all. Now
in regard to murder juries have for some
time plainly ignored the written law, and
have yielded assent to the dictum of the
lawyers that what is most improperly called
by them "unwritten law" is alone
of binding force. The fact that this So
called unwritten law is neither more nor
less than the rude code of barbarous
stage of society, the outcome of social
compact compelled by the abuses of ad-
ministrative force, should cause it to be
regarded with suspicion. In truth it has
nothing in common with civilization, but
is revival of that lea tationiS which it is
the interest of civilized men to eliminate
as speedily as possible. The plea of in
sanity has, however, come to fortify this
barbarous recourse, and it has proved very
formidable and very successful. 1t has,
perhaps, caused more signal defeats of
Justice than any other plea ever employed.
1t has in not few cases brought the law
into contempt. It has served as
an excuse for hberating deliberate, sane
and habitual assassins. 1t has been 80
abused that Society must consider seriously
the means of abolishing or neutralizing so
prolific a source of wrong and evil. TO
this end we think the first step ought to
be realization of the true scope and sig
nifcance of the plea. 1t is both difficult
and dangerous to undertake to draw the
lines sharply between sanity and insanity,
to begin with. Insanity is disease of the
mind, and it is as various in its manifesto
tons as disease of the body. Now it would
be very difficult for the most skillful
physician to take any human being, and
after examination, declare positively that
he had no germ of physical disease about
him. OF course we know that men are
commonly pronounced "sound " for various
purposes by medical men, but we know
also that they often prove subsequently, to
be anything but sound.
1t is the same with the mind as with the
body, in fact the distinction drawn be-
tween them is only confusing. Mind is
mere manifestation of physical organs,
and if the physical organs are diseased
the mental manifestations will be diseased.