The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-12-14
Danger of the Insanity Plea.

/ II IA fortunate that the defense of In
sanity, presented by those accused OF
crime, especially assault or homicide. has
not the vogue formerly attached to It.
There was time when courts and juries
were bent TO ienience by insufficient tes-
tinony OF want of mental balance, and
when the plea of emotional insanity" was
effective to prevent conviction for most
heinous offences. That condition exists
no longer; and still It is evident that So
ciety il not sufficiently protected against
persons OF vicious tendencies who either
are or pretend to be suffering from want
of mental control.
particularly striking case il now be-
fore the public. The slayer of man was
brought to trial in this state and acquitted
by the jury on the ground of insanity. He
was thereupon committed by the court to
one of the insane asyums of the state,
there TO be held until further orders. The
superintendent of that Institution is now
convinced that the man is entirely sane;
whether recovered from former afflic-
sumed. In either case he does not con-
slider that this sane person should remain
in an insane asylum. On the other hand,
the man having been once tried and ac-
quilted cannot be brought again before
the courts for the same offence. It APP
pears to be practically inevitable that. af-
ter having remained very short time In
confinement, he WIFI be returned to the
community perfectly free from fear Of any
future consequences of his act.
1t matters nothing now whether this
individual was sane or insane at the time
he committed murder. IT matters a
great deal that a man who has done muir
der should be set at large Under these
circumstances. If he did the deed in cold
blood, and slammed insanity to escape.
the community is endangered II he is
possessed by an ungovernable temper. so
that at the time he was practically ire
And in this event the community Is en-
dangered However we read the event
and the circumstances that preceded II
and followed 1t. the protection Of society
against murderous assaults is incomplete
and insufficient when such things can
happen.
rt.x asuS L..
think that It is gradually being applied.
There should less weight attach to the
insanity defence than 1t has been wont to
carry with 1t. The possibilities of decep-
ton are always present But II the plea
be valid. then the man In whose behalf
1t Is advanced should certainly be con-
signed to confinement for life. II insane,
he has no business to be at large. II cur
able, no one can possibly guarantee
against relapse into mania and another
! homicidai impulse. And this point Of dan
ger the law should make perfectly Sc
cure. II ought not to be possible for
man afflicted to walk free among his
fellow-beIngs. with his potentialities for
mischief unrestrained.
Juries win rarely make a mistake II
defence except when accompanied by con-
vincing proof II really insane man
suffers the death penalty II is. after all,
only a sentiment that is outraged 1t "
true that an irresponsible being is dealt
with; but on the other hand. he is not
really punished. for he IL as incapable
hitting crime. He is perhaps, quite as
well or to be out Of the world as to re-
main In It an ineurabie and dangerous
lunatie. Society. however. is greatly ben
efted and safeguardea by making a repa-
tltion OF hls act impossible. No injustice
and no inhumanity will be committed by
limiting the circle Of operation OF the
insanity defence TO the narrowcst possible
limits
Since. even then. mistakes will occur
the law should take care that they do not
work hardship to the innocent. II per
son who has committed or seriously at
tempted a homicide IS acquitted for In
sanity. 1t should be directed that his CON
fnement must continue for the term OF
his natural life. No subsequent recovery
should work release It has been es-
tabiishsd. In that case. that he is as dan
geroas abroad as a walking powder maya
zine. No one can ,ell when the old un-
gsvernade impulse viii stir him, and add
another innocent 20 the list OF his VIC
/ TINS As much at least is due to the
protection Of society as to the punishment,
Of the criminal In All woli-adJastcd codes
/ the former motive takes precedence.
| where m governs. successful insanity de-
fence will Involve confinement for life,
and that should be the law and the prae-
tioc ia every civilized state.