New-York tribune., 1911-03-14
INSANITY DEFENCE UPHELD
Medical Jurisprudence Society
Opposes Changes in Law.
REASONS LEGAL AND ETHICAL
limitation of Resort to Habeas
Corpus Said To Be Opposed
to Constitution.

-ho veport Of the committee OF the Socie-
.. ~ Medical Jurisprudence on the pro-
,osas changes in laws by abolishing the
s.orca of insanity in criminal cases and
s,,,,ne conditions upon the issue of writ
- babeas corpus after conviction Of the
o-,,ninal insane was presented at the month
10 meeting last night
The report is strongly against the pro.
,osals Of the state Bar Association and op-
noses on both legal ana ethical grounds.
The radical changes proposed. a. Delos
kneelard as chairman. William w. Bryan.
George f. Langbein ana Or. Arthur c.
Brush signed the report
The report begins:
Your committee is opposed TO changes in
laws generally. We have too many laws.
~ many tndt even lawyers cannot redd
,bem and do not know them Ii Is nara TO
tefp uaCe with these laws. There are thou
ssnas upon thousands of laws passed in the
diuerent legislatures OF our various states
czch wear. and many of them are repealed
The next year or the following year. Ihis
plcih0Ia of legislation has lead TO grave
sbuses II makes litigation. Ii causes eN-
rsnseS 20 the public ana TO clients. and
should 5e denounced. Only those laws
should be passed which are absolutely nee
esSlrv ana essential
rroposed acts are unconstitutional That
- uvaQc sreat constitutional rights and
Ike curtailings OF the writ OF hapeas corpr $
and the rieht OF trial by jury on the ground
Of insanity as defence and due process
O. law.
After citi1s opinions regarding the leg
,slauve abrogation OF the writ Of habeas
corpus or its limitation, the report con-
;E1es
i quite similar statute was passed in the
So 4- L
AZ SuasUursE, SEPTEMBER, 1870, reversing
cOl,4CuOn .noer the statue, the supreme
Court oI the State OF MaSnlnsio Ton. with
ony one OF the elght Judges IL fOuI-nne
opinion supporting the said statute, &C.
Claleu u unconstitutional
IEe proposed act ASSUMES TO lmprlSon an
insane p-.sOn, even Il he becomes sane
eurIns his commitment, for as many years
as !. le nae Ueen sane when me act was
committed Hence. the defence Il absolute
Is destroyed. "A legislature might with ss
e0Cd -raCc exclude the evidence q 10 make
il Intellectual. suppose an act was passed
that i- should be no defence that person
committing the wrongful act IS d cnid CT
tsnder Years: no defence that one could
move al abb, no detence mat one Is IN
nocenf. TINS would Ue analogous TO the
proposed law. You could imprison any man
on any charge tnat you might devise un-
der tais rule and absolutely destroy rights
that have been secured TO him through
CENTURIES as absolute defences TO crime. An
Involuntary manslaushter or justinaole
category with quite as strong reasons ad-
vanced for their support.
Why should we give the writ OF haoeas
corpus 10 sane man. unfetiered. ond not
% those CCarced and committed as insane,
With rot only fetters. but with chains ano
balls Should we not rather lean. II at all
IN Justice 70 the side Of those who are not
only IN restraint but have weak minds,
weak initlccts OF are devoid Of reason Ut
ierly?
II the position is 10 be taken which has
been advocated that insanity is 10 be elim'-
mated entirely as defence against tne
charge OF the commission Of a crime. II Is
recognized Iha: IL Is necessary either 10
hold that the insane must form criminal
intent or that the essential ingredient 10
,rime is ia be wiped ont. A crime is not
committed # the mind OF the person doing
The ac' IS unsound. one who is so insane
as 70 he incapable of entertaining crimi-
nal intent which as we have seen, y ore
n the essential ingredients of crime. can
10; Oe guilty of a crime or held criminally
-ssporsiole for his acts. All this is as old
ss the common law and has been repeated
+ Endorsed in cases where II has been con-
s5a-ed in the highest courts Of all the
states Of the United states, the supreme
Court Of the United States. and the courts
of FnCland, without regard 30 statute
IN ENGLAND. says the committee. insane
criminals are released upon their recovery
even In cases of homicide. The report ends
thus
u +be discussion Of the subject az the
lac, ~-ssting ~ the New York Bar Assocla-
,soS r. was asserted that the best modern
opinion had reached the conclusion that me
irfraction Of the criminal code alone Wa
.v,ferc4 conclusive of state OF INSANITY
!, Being assumed that insanity was always
due 70 c6ng4nital organic defect, and hence
Inc,;rable The assertion Is hardly war
rsnted One Of the most recent writers oI
the subject OF forensic medicine canvasses
,he opinions Of alienists on the subject pr.
and con. md concludes that the Welsht Nor OF
- .6ov, tf,fs ,-iaw with those eXtremis :
Mo hold tnat every manifestation Of &C.
certricitv or OF moral derravity !. eVl-
den-e Of insanity and that In fact all men
ere roore o. less insane.