Connecticut western news., 1881-10-05
ATTEMPTS TO KILL AND INSANITY.
Some Singular Ideas for a Law
 Journal.

 can Law RevieaO, MT. Edward B. Hill, in an article on "The Punishment of Attempts and the Defence of Insanity in Capital Cases," advocates in trenchant style these two propositions, either of which is startling enough to provoke thought :-
 l. That an attempt to murder should be punished as severely as murder it. self; and
 2. That insanity, instead of being permitted as defence in capital cases, should be regarded as an aggravation of the offence. If the sane murderer de- serves death the insane murderer de- serves death still more.
 That the punishment of assaults with attempt to commit murder is too light must be conceded. The subject has been discussed on more than one occa- sion in these columns, and the inade- quacy of the punishment for such high crimes pointed out. We are in favor of increasing this punishment, and making 1t much more severe than it is, but we cannot go as far as MT. Hill. He seems to us to confound the moral quality of an act with its legal quality.
 Morality may rightly judge that a person who attempts to do wrong and is prevented from doing it, is as guilty as he who does it. But is the effect on the intended victim, on the would-be criminal or on society the same? It is not. To confne our attention to at tempts to kill, it is plain that if the attempt is made and that it fails, the in- tended victim is saved to his family and society. The effect is very different from case of murder, where the crim- inal's act removes with one fell blow the person from society, however indispen- sable he might be. In the case of the attempt society does not suffer so much as in the case of the perfected crime, and hence the punishment should not be as great in the one case as in the other. Let us never forget that human life should be sacred and that nothing can justify it's being taken away but the safety of society. It should also not be overlooked that our criminal laws are administered by iuries in the last resort. The law might declare that the punish ment of an attempt to kill was death. but where would the jury be found to convict under such law? It would be 8 dead letter, and persons who should be severely punished would be turned loose upon society because the punish ment was made too severe.
 There is much to be said in regard to the proper disposition of the insane murderer. Logically, MT. Hills argu- ment seems impregnable. If the sane murderer is dangerous to society, the insane murderer must on every ground be considered more dangerous. If the protection of society is regarded and the individual is not thought of, then, in. deed, should the insane murderer be killed as one would kill rattlesnake. Il will be long before society will be in { condition to accept this view. Logically pursued, MT. Hills argument would re quire the death of every person who caused the death of another without
 iustifable cause. If the madman is no
 to be protected from death because h,
 was unable to know the quality of hi
 act, on what ground should the infan ; who killed human being be protected If the grown person who is deprived O reasoning power by disease is made re sponsible for his acts, the babe who ha no reasoning powers by reason of i'm maturity should be responsible fo , his acts.
 It may be admitted that the defence o
 insanity is admitted too easily in man, , cases, and that persons who should hay been executed as murderers have beel turned loose upon society by its means But the abuse has never yet been hell
 to prevent the use. It seems harsh , cruel and unnecessary to decree the de , struction of the insane person who, b l reason of lis disease, kills fellow be l ing. It is unquestionable that an insan
 person who has killed fellow bein l should not be permitted to go at large
 He should be consigned to an asylu. and there be kept under proper medicl n treatment until not only his attendin , physicians but court of general crim a nal jurisdiction was satisfied that it WI a safe to permit him to return to societ, i! - Erchange.