Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-01-21
Substance of Report.

0OOSIdACc VI Z.
The report continues. in part:
TO emphasize the need for this remedy
reference should be made to we'll
known case, which has been in the public
eye for long, where a murderer having
escaped the consequences of his crime by
the plea of insanity, is trying to escape
the conSeQuences of his plea by means OF
a continuous performance in habeas cor
pus. No stronger illustration of the
abuses In our system of criminal juris-
prudence can be had than by recalling
the circumstances of this case. Sympa-
thy for an unfortunate and misguided
family ought not to deter us from the
recital
a youthful debauchee of great wealth,
trained to believe that his money gave
him right of freedom from all re-
strafnts, whether imposed by law or the
rules OF decency, inheriting an abnor-
mality of mind likely to develop into
homicidal acts leading a debased and
ignoble life. without a thought of the
responsibilities which wealth imposes
upon its owner, commits a foul am,
cowardly murder in a public resort. If
he were sane there could be no escape
from the penalty of death. His only
defense is insanity
The prisoner Is sent by the court, as
required by the statute. to a state asy-
lum for the criminal insane. From this
he plans to get free upon successive
writS of habeas corpuSs which he pur-
poses to apply for so long as his purse
will enable him to pay Jealous counsel
and experts.
Among the numerous judges of the
| supreme court of this state, the chances
| are that there'iS at least one whose mead
| is not able to control his heart. and the
| only problem in this murderer's quest foi
freedom is to discover who that particular
judge is. There may be number of pro-
ceedings. but he will at last be found.
i 1t is mere question of time anC
money when this particular murderer will
| be set free to direct his homicidal inclina
tions against some other citizen who has
already fallen or may hereafter come
under his displeasure And everythine
| done according to the forms of law
Such things ought not so to be- How
can they be prevented without doing in
| justice to an unhappy individual whose
criminal tendencies show him to be vic
tim of heredity and environment
Sociological Blunder.
''The normal man does not commit
| crime The commission of crime is eyi
| dence of abnormalty
| Such Is the modern view. But the logi,
of the law makes sad slip when il per
mits the conclusion that the man VIII,
has done a foul deed must be acquitted a.
l
| what we call sane lines.
| Has not the time come in the develop
! ment of our system of penology to rele
| gate to the realm of the obsolete the as
sumption that an insane man cannot com
| nit crime? In other words, ought W,
not to abolish the defense of insanit,
| and leave as the one issue to the peti
| jury, did the accused do the forbidden
deed? If he did not, he is innocent; if h
| did he is guilty, and with the state OF hi
mind at that time the jury has nothin,
| to do.
"The point We make here is that, how
concepts. it Is really wrong, sociological,
wrong, to find man not guilty on the
ground of insanity.
| NO one will contend that the insOt
murderer should forfeit his life. Til,
lquSstion we put 1t. Yhy should he no.
forfeit his liberty? Why should be b'
acquitted on the ground of his insanit,
ground of his sanity?
/ He has proved himself to be a dan
gerous man. Society must protect it
self against the danger of a repetition O
his homicidal tendencies.
/ If these views be sound, they coulC
Iof the statute law. Replace section y
Iof the penal code by the following
words:
Insanity or other mental deficienc,
shall no longer be a defense against
lcharge of crime; nor shall it prevent
trial Of the accused unless his menta
lcondition is such to satisfy the cour
upon its own inquiry that he is unable
by reason thereof, to make proper prep
laration for his defense"