Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-05-24
INSANITY AND CRIME.
Paper by Or. B. T. Sanborn of This
City.
Interesting Discussion Before kcnne
bee Medical Society.

Mr. President and Gentlemen of the Ken
ncbec County Medical Association:
! wish to present few points or SUE
Gcstions bearing upon insanity in crimi-
nal eases ana crave your Indulgence dur
Ing the period which is allotted me in
prescnta ton. 1t is needless to call ypu.
attention to the fact that the subject i.
OF such scope and covers such a large.
field of investigation that / can but bare
~ tolch upon few salient points. Nol-
times have been written upon the medico-
legal Jurisprudence Of insanity in crimi-
nal cases and it will continue to be a sub
Jrct cngrOssing the attention Of the med
zeal and legal profession 50 long az such
differences exist between the courts ana
the medical fraternity regarding the
proper criterion that constitutes irrespuu-
sibility, the former basing its deductions
upon theory alone. while the latter forms
its opinions and calculates its conclusion :
not only from clinical observation but in
Inc investigation ~ functional disturb
anceS and pathological processes, one or
both Of which are discovered in ana pro-
duce mental disease
The interposition Of the plea Of insan-
lily as q defense Tor the exculpation al
crime is of comparatively rcct Mt date. In
deed. before the Investigations of "Pinel''
of France. "Tukc" OF Scotland AMI
''R+Ish" of America insanity was scarce
y recognized as Il disease and the I'M
fortunate was regarded as Il victim III
dcmpnidCdl possession, was lOathed az -
wild beast, was entirely OStraciZed ana
sardcd as exceedingly cruel if inflicted
upon the dumb animal Such course Of
action can be excused on no other ground
than the extreme ignorance which pre-
vailed among the profession at that
period. and the entire absence Of any in
vcstigatiun bearing Upon diseased M ntal
processes The celebrated 'Tult"" ami
his learned cuadJutnrS. by their indeftI-
igdhc ana earnest Investigations. initiIt-
ed steps which were to produce radical
changes and amrlforatc the rni@,.riipl,.
a. 4
to the ''prufrSsiOn.' and the world. the
existence of mental disease and mt il
could he diagnosed by certain definite
phenomena observed, and by clinical Oh
scrvdtiun. withstandng these dccldr-
atiOns, the intcrpOsitinn Of the plea Of
insanity was regarded with 50 much Sut-
picion ana the courts were SO exceeding
~ rigid in their requirements that, dur
ing the last century preceding this tn
Criteria established by the courts and
accepted as law was to the effect thut
to be eXOncrJtcd from crime there must
be a total absence OF mind. memory ana
understanding. If this negative condition
did not exist such a person must be- hcil
responsible II certainly should not have
required especial dStutencsS or mental ac-
umen. even among the laity. to discover
at once the fallacy of such rigid test.
Such state would relegate a person be
low that of the dumb animal because
such do possess. in some degree. one or all
Of these attributes. Before entertaining.
even for a moment 80 crude q PROPOSE
ton 90 and examine carefully into the
condition of the numberleSS insane
throughout the institutions of this coun-
try and it will be seen at once how di-
amctrically opposed suclT standards Were
to clinical observations
William IL. Barry of Ann Arbpr. Mich,
an eminent. lawyer and professor, has
written, during the past year, most cX-
hduStiVe article upon Insanity in Grim
inal Cases ana in his criticism upon this
very test in question | was interested III
an illustration which he made. and will
quote it. He says: Under this test no
man would be excused unless his mental
capacity was inferior TO that of many
animals of the lower order | read
ing IN incident recently. describing how
naturalist placed Il turtle in box
which contained various Obstacles, and
then waited for Developments The first
time the turtle went around the box II
took thrtS-tiVc minutes to make the jour
nry. lie went first this way and then
that. hut finally discovered Il way q"
avoid the obstacles. ON the second trip
it remembered what 1t had discovered un
thr first, and avoided the obstacles i'll
the way that It had found before could
~ avoided. Before long the trip which
at trSt took the turtle thirty-iivc min
utc~ was made in rs many seconds. That
turtle was certainly possessed with "a
memory on the second and sIbseuucnr
trips il distinctly remembered what II
had discovered on the first 1t must
also have possessed some dcErc" Of un-
dvrStpnding or else il would have failed
tu have protitCd by its former experience.
4 person with A mental capacity equal
to that uf a turtle would. therefore. MOI
hr entitled to the benefit of the test We
are, therefore, justified in stating tn"
earl, test of criminal responsibility of tho
common law to be that i'm order to escape
responsibility for q criminal act ~
person accused must have less mental
capacity than turtle.
AS in the earlier days. the rule pi IA M.
rs established by the court 10 determine
the mental status where the plea nt in
sanity was set up. seems to correspond
more or less with the popular Ideas pre-
Nailing and so. as there has been grad
ual increase in methods devised and
more careful Investigation in the field Of
psychology. there has been quasi diSpn
sition. on the part Of the courts. 90 form
ulatr less rigid rules and 70 nearer coninriA
"a the demands Of science. Hence, az th
beginning Of the present century IL was
held that insanity should be tested solely
on the basis Of the possession of dclu-
SiOnS. This standard, however was round
To be crude as the phenomena of DELFT
sionS were more thoroughly investigated.
because of the fact that the absence Of
them would Imply sanity anu II mas p.
come an .indiSputablc clinical Observations
that many insane persons have no dclu-
Sions.
IN January. 1873. the McNaughten ,ral
WAS ushered in to the medco-lcgal -,rcua.
McNauehten wounded Edward Drum
mond Che nrivate secretary of Sir Robert
Peel by shooting him in the back from
the effects Of which wound prummond
was Under a dcusion regarding Peel auu
desired to take his life. There was =
marked resemblance between Peel ANA
his private secretary and MCNauShtcn
shot the latter installing him for the
former At the trial insanity was relied
on as the prisoner defense and it was
shown by medical testimony that he was
subject to morbid decisions, and thai he
was unable to control his acts or distn-
guish between right ANA wrong. as ~
things connected with his delusions. Ills
malady was of such nature that ne
might so along QuirtlY and peaceAbly for
a long period of time and then he would
suddenly break out into the most violent
paroNysms. Lord chief Justice Tindal
charged the jury that the question II be
determined was "Whether at the time
the act in question was committed thu
prisoner had or had not the use of his
understanding. AS to know that ne
was doing a wrong or wicked act. Me
Naughten was acquitted by the jury un-
der the judges ruling.
With perhaps some slight notifications
If / understand correctly the rulings as
promulgated by the Maine courts, tbs
test Of the McNaughten case is still ad-
h,red to. In other words the knowledge
Of right and wrong with reference 10 the
particular act is substantially the rule of
law as rendered by our courts. This
standard is objected to by all. or nearly
all. who have had opportunities of prac-
teal Investigation in the study of mer-