Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1915-08-16
INSANITY PLEA SCORED
BY JUDGE RALSTON AT
CRIlINOLOGY CONCLAVE
Philadelphia Jurist, President
of Criminal Law Institute,
Raps Murder Excuse in
Annual Address

A uniform law to regulate the sale o.
firearms. the frequent use Of insanity al
defense In murder trials IN American
I courts and the Interpolation OF too many
hypothetical questions by lawyers were
discussed by Judge Robert Ralston. OF
Common Pleae Court No. 5, In his ad-
drcss as president at the seventh annual
meeting Of the American Institute OF
Criminal Law and Criminoiogy, which
opened In salt Lake city today. Ex-At-
torney General Hampton l.. Carson, OF
Pennsylvania. will deliver the address to-
night.
Delegates appointed by the Governors
Of several States arc attending the meet
ing. Many Mayors arc also present.
Judge Ralston was selected as the head
Of the institute because of his great
learning In criminal law and his speciality
in its Interpretation and administration
Judge Rnlston has tried more murder
cases than any other Judge In the United
states
Touching upon the sale OF firearms.
Judge Ralston suggested that the appro-
pirate committee consider the advisabllity
OF liNillIlH u INV ~ lNNuldAt Nlt 1hlt VI
firearms IN the different States.
Judge Ralston said In part:
MANY criticisms OF criminal procedure
IN the United States have been made. and
many remedies suggested. It must be
borne In mind that there Is no one sys-
TEN OF criminal procedure in this country.
but that the practice varies greatly In
different states.
THE ma atters which have been the prin- |
clpal subjects of criticism are the follow
ing: Tho quashng of indictments, or
granting new trials on account OF some |
of a grand Juror, or some |
technical error In the Indictment or at |
the trial; the great length of time con-
sumed in selecting jurics; the methods OF
expert witnesses; the Constitu-
tional prohibition against compelling the
accused to testify, and the usual prohlbi-
ton against commenting upon his failure
TO testify the abuse Of their privileges by
lawyers: the methods Of tho Judges In
charging iurieg: the premature discharge
of tho Jury before they have agreed; de-
lays by appeals and the taking of writs
of habeas corpus.
"a number of writer's and speakers,
Mr.. Taft among them, have commended
he English system Of trials, and while
some have criticised the administration
II the Grim nal law In England, none, so
ar as | know has found fault with the
iystem itself
Where insanity is set up as defense,
much difficulty would be avoided IL the
rinl Judge would bear in mind that
Iftcr all. the question to be decided is not
whether the prisoner is insane from a
ned cal point OF view, but whether he is
esponsible according to legal standards
| man may be insane in the opinion of
he doctors, and yet, II he knew what
e was doing, and its consequences, and /
hat his act was punishable by law, he !
5 responsible whether he is insane or I
ot :
Some persons have even gone so far
s to urge that the defense OF insanity ,
e abolished. because, they say, an in =
ane man who has committed a murder =
! likely TO do 1t again II he has a chance, .
nd for the protection Of society ne ,
hould be executed. or imprisoned tor life. :
Some writer's have suggested that in /,
lead Of the verdict usual in this coun- i
y of not guilty, on the ground of in n
nifty 1t would be better to substitute q
le English cerdict guilty but insane, n
nd thereby avoid the scandals which +,
ave been brought about by prisoners
no have been acquitted on the ground n
insanity constantly taking out writs
habeas corpus, claiming that they 4
I'VE been restored to reason. 8,