Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1901-07-24
insanity as a Defense 10 Crime.

The sparks of all the sciences are
covered up IN the ashes of the law"
The subject of this paper, Insanity
Is Defense to Crime" is a forcible
reminder of the fact, that all the
of the world, even the re-
suits of experiment and conjecture,
IRE either part OF our jurisprudence,
Or at some lime or another very closely
with it. In one case the
rules of law, decisive of the rights OF
the parties, may depend upon q proper
understanding of the science OF
chemistry, another action may turn
upon some question of art; and, when
is plead as defense to crime,
much Of the law OF the case is based up
on that part of the science of medicine
to diseases of3the mind.
1t is the reason of man which makes
him accountable for his actions, and
his deprivation OF reason which acquits
him Of crime.
The act of the body without the con.
currence of the mind is not criminal
act.
! These general principles are clear and
easily understood, but their application
in some cases becomes most difficult
problem.
There are as many grades Of mental
capacity as there are shades of light,
and no one can say to a certainty, in all
cases, just where responsibility ends
and where unfortunate iniirmity is alone
responsible for acts otherwise criminal.
Injuries inflicted by the legally in
sane. have ever been considered by
civilized man the same as though they
were caused by some calamitous acct
dent. And while this is true. and
while sincerely trust that no thought
or word of mine may ever limit or impair
any humane rule, based upon the de
fects of human nature, yet 1 cannot
overlook the abuses which cluster about
the defense of insanity. In cases OF un'
questionable guilt it is interposed as q
last resort, and it is also used as an ex
cuse by juries for the acquittal of Grim
inRls who have public sympathy or !.
manufactured public sentiment on thell
side.
The lawyer who desires to dea
humanely with the afflicted, and alst
avoid being imposed upon by the crimi
nails who simulate, should himself know
something about the pathology of lnsan
4 ity. Ii he does not, and is obliged tt
rely entirely upon medical advice ant
testimony, he is at a disadvantage
While the great majority of medica
men are undoubtedly honest and con
scientious, there are some exceptions
Among lawyers there are shysters ant
among doctors there are professiona
medical experts who care little abou
the obligations of an oath, or how mucl
the hands of justice may be weakened
| by what they say. Then, again, insan
1 ity in law is one thing, and in the do
main of medicine different thing; or
more strictly speaking, it requires {
N greater degree of mental unsoundess t.
constitute defense to crime. than j
does to constitute medical insanity ant
render person fit subject for treat
ment as q patient in hospital for tn
insane. Even at law, the degree of in
sanity which would annul civil con
tract, might properly be considered in
sufficient to warrant the acquittal O
one guilty OF some public offense.
realize that the scope of this pape
will not admit of much classification
nor any extended descriptions of thu
symptoms and causes of mental IN
soundness, yet shall strive to keel
pathologically in touch with the sub
| ject, because much of the law relativ
to insanity is or at least should be base,
upon what can be learned about the rela
tions between mind and matter. Som
of these relations are known, but man
4 of them are sealed book in the keep
ing Of tho Deity. Between the know
! and the unknown there is q broad boz
u der land, where the scientist and tn
theorist have ample room to inyestigat
and speculate. Some day some child o
genus, some second Newton, may I'm
lock the storehouse Of the human min
and make clear and easily understoo'
all that is now subtle and mysterious
Il But until that time shall come the Law
must keep close to the lines which ar
fairly we'll established, and leave tn
fields of theory largely to the theorists
Our own court has said: medical the
orlsts have propounded doctrines re
spectlng insanity, which due regard TO
the safety of the community and an en-
lightened public policy prevent iurist
from adopting as a part of the law.
However, before passing to the consid
Grafton of some of the things which ar
known, I want to make a short trip int,
Borderland. What we dimly see ON tn
4 journey may supply a reason why mora
insanity should pot excuse a crimina
act. The time spent may also help t.
explain some other things to which ref
erence will hereafter be made.
There are writers, Hudson for in
stance, who contend that mans min'
is of dual nature. For want of a bet
ter nomenclature they call one mind tn
objective, the other the subjective
They assert that the objective mint
deals exclusively with the five physica
senses, and that its brain cells deriv
| their life and are solely dependent TO
their development upon the blood il
the VEINS and arteries. That the sub
| jective mind, while ordinarily amenabl
to the control OF the objective mind, i
but remotely dependent for its life an,
Tenderness upon the ponderable por
tions of the body. In other words. tina
the brain cells of the subjective mine
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