Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-01-19
somcIDg UNDER VIOLENT PRovocA-
TON


Assembly Bill No. l4l, introduced by
Mr.. Platt, provides that son the trial of
an information or indictment for honi-
& eide, the defendant shall be at liberty to
"prove improper sexual relations between
Is the person slain and any female member
'of the family of the defendant. or under
90 his protection and if such relations be
established to the satisfaction of the
"jury, they may find verdict of homi-
q eide under violent provocation, and de-
termine the term OF imprisonment to
which the defendant shall be subjected
and he shall be sentenced to imprison-
''nent in the State Priton for the term
prescribed in the verdict. Section .. On
such trials defense Of emotional in
sanity shall not be held as justification
"of the act or acts with which the defend
ant is charged" This bill is presumably
an endeavor to meet the class of cases of
which the Schroeder homicide is recent
example. It creates new classification
for murders committed under the infu-
uence of passion excited by the discovery
of Illicit sexual relations. 1t gives to the
jury the power of fixing the pen
atty in such cases at the lowest
term allowable in sentences of imprison-
mens in the State Prison The practical
effect would be to remove such holnicides
from the category of murders altogether,
and to provide an ostensible mode of con-
doning al such offenses without shocking
public sentiment by direct acquittal. In
such a case as that of SHREDDER, had this
law been in operation, the jury would
probably have sentenced the defendant to
years imprisonment. OF course the con-
sequence of such legislation must be to
create the belief that homicide under the
circumstances specified is regarded by SO.
ciety as a vepial ofonse, and that it is in
fact looked upon as the most natural and
prope. mode of redress. It is therefore of
some Importance that the views of society
on this proposition should be aseertained,
for it must be clearly realized that if once
homicide under violent provocation is es
tablished on the statute book, it will
thenceforward be impossible to punish muir
der committed under the pretext named,
and that the recourse to murder in all
such cases will be encouraged. If tits wise
to bring about such state of things the
grounds of its expediency ought to be ac-
eessible, but we have not succeeded in dis
covering them. The doctrine that homi-
eide is justifable where woman is con-
cerned is one which will not stand the test
of analysis, to begin with. 1t is doctrine
which had its origin in the medieval theory
of woman's place in society; that theory
which regarded her as an inferior, as a
chattel, in fact and which left to the in
jured husband or father no redress but in
suing the seducer for the loss of the serv-
ices of the victim. Up to that time, and
long past it, the idea that woman could be
individually responsible had failed to be
recognized by the law. If she was mar
ried she was femme couyerte, and her hus
band was accountable for her actions. If
she was single her father represented her.
But under no circumstances was she per.
mitted to possess any independence or right
of initiative.