The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-03-23
EDIT RIAL
The Criminal Insane.

& -. s,:.a;n;an ,ook keen interest in the bills
.,5ured In the last General Assembly and event
n1y passed making provision tor insane crin,li'ns
AnInd the criminal insane. hese measures va" ~
1890 90 far towards eliminating the brain
$500, ,,ea'' in nalliation of deliberate urder.
@ II has recently been disclosed that the famous
tsIark the Ripper" Of London was an insane cfimi-
1 nal and when apprehended he was packed on 70
m ASYLUM for the criminal insane at broadmoof'
he story is told bv an English writer who signs
A;r,ssslf IA Veteran Diplomat" and incidentally
- c;yes IN outline of English law upon the SUBJECT
nnd Enpland's method OF dealing with such cases
ss He saws that the power OF committal IS pre-
I rnratiye OF the crown. But the perpetra,ioh "a
any abuse of these royal lettres ae 1aenc.' W. w.
- was in vogue in the days of the Court oil YER
.a;lles when the Kings OF France were anie 10 CON
Son 70 lifelong captivity in the Bastille nop'es
srty of no other offense than that OF having
siiehtinciy OF the monarchs tar iavofi.e on .he
hour is guarded against by the TACT that ~ 10 .e
4 S~rretary of State for the Home Department VINO
.g,s the warrant Of committal, and that he is re-
.nns;hle in his as for all this other Official acts
70 Parliament
In Great Britain the guiding principle OF the
m connection, with criminal insane Is that
its first and most important obligation IL the pro,
lection Of the citizens from har' anu .'a. -, on
Instances where through defective Legislation or
fcrhn;caIites the courts are unable to furnsh TINS
II v,rotect;on il should be supplied by the Govern
ment. .,,..
Taking the case oi Harry lhaW as an iiiuslra-
zion il is pointed out that until the enactment OF
nc rial If hIuaties law of 1888 he would on the
ground of the evidence produced, have been' as
here, held guiltless. the ground OF irrespohsi-
hii;ty But II tried subsequent to the passage OF
that Act of Parliament, he would nave oeeh da'
judged guilty, but insane,
10 A disposal of this kind would have rendered the
conviction open like all other criminal convictions
10 revision by the Court of Criminal Appeal In
Great Britain as in most other countries OF Europe
the Law is very liberal in such matters. Inc Jury
IAN render as already explained verdict OF guilty
but insane; or else it acquit altogether, on inc
score OF insanity, If it "be clearly proved that al
the time OF the committing OF the act the party
accused WAS lahnring under such defect OF reason
from disease Of the mind as not to know the nature
and quality OF the act he was doing; or II ne dc
not know that he was doing wrong
The manner in which this method works II
7 actual practice is that an individual wholly Graz,
at the time OF his crime is usually acquitted on tn'
score OF insanity; whereas person whose dementls
Il merely temporary and whose irrespohsioiii.N
Ii questionable and at the best restricted to tn
1nnrfIal. crime perpetrated is usually adjudge'
guilty, but insane.
This IS one of the most difficult questions tina
the law makers and the courts have to deal with
B Df course a man ought not to be punisned TOT
crime committed i'll lit OF insanity but IL
equally clear that society should be protected iron
r,erson when IT rs known that he is sublec
..,..,srAefeiss spells The worst phase OF IL
however is that criminals often feign insanity, AM
again il has become the practice for one who com
q txfts murder to plead in Court that he was swep
off his feet by brain storm ana was hot respof
sible for his act.
=--- There is no doctrine more dangerous demon
alizing in its tendency. The logical result of it
obstructive OF character and OF the fundamental
sipon which organized society and organized gov
&rnment are based.