Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-09-24
RECONCILING LAW AND MEDICINE,
nn FREDERIC J. mAskI>

replied ,hat man was legally insane
When he did not know the difference
between right and wrong The ac-
cuscd had suffered from delusions. and
ms act had 10 he onsidercd as though
those decisions ware facts For MIN.
thcN w"r" facts. Furthermore. "A crime
IN law has two rarts-;he criminal in
t"ntiou aud tn" act. Both are ueces-
sAry /" max" Il crime If you intend
10 hi; i man and don't. you cannot be
held FOR assault. II you don, intend
10 hit man and do hi, him. you
can't DO held for assault, either. In
McNnuchions shot the criminal intent
was lacking
established thcu has come down 10
the present day. II Is still in use
hut II the reasoning on which IL was
based were applied 10 tho data thar
medical science has gathered in the
meantime, tn" test itself might often
be conirddietod For science shows to-
day ina, man may nave u mental
disease that makes him commit crimes
without criminal iutcnt-and yet he
may be ABLE 10 distinguish perfectly
well between right ana wrong. There
y the weil-known case OF kleptomania
Inc klep'omnniac has no intent TO
steal. so when ne puts a towel or :,
saucepan under his ovorcoat. he does
not commit larceny. ON the other
hand. he knows rign; from wrong we'll
enough; he knows that It's not his
saucepan. and that he should not take
what does not belong 10 him. SO he
has. strictly speaking. no defense in
INSANITY 1t - pretty tanSle.
For Jury 4" Decide.
Tho new statute which will be pro-
posed all over the country in the near
future proposes TO put the law on
OASIS that recognizes the progress OF
medicine II provides that when men
= M
Jury shall decide whether the mental
diSease 80 affected tho prisoner that
ne did not have the state OF mind
necessary 20 constitute the crime
charged. II takes "a state OF mind as
well as an act 10 constitute a crime
rms has always been recognized in
every held but that of insanity II a
man is mistaken tho law treats hin, as
th"uEh the facts were as he thought
,hem II Brown thinks Jones took
ms umbrella. and takes Jones's um-
nFeiia IA turn, he may be mistaken.
n"i mat mistake is perfectly good
defense against a charge of theft. ir
ne can convince the Judge OF the truth
81 II Ills act is not ii crime because
n" didni have the proper state of mind
Just so, under the proposed statute
the Jury will have to decide whether
the mans mental disease prevented him
from having the proper state OF mind
10 make his act ~ crime
This puts the question IN TO tho
Jury Under the old system various
functions oVcriapped. Often tho alien
isl was practically deciding whether
;nS prisoner was guilty or not; or the
/ judge was practically deciding whether
ne was saic or not Under this sys-
( tenn, the judge will tell the jury VIVA,
state OF mind tho law prescribes as
essential to the commission of the
charged The alicnist will describe the
state Of tho prisoners mind The iurv
/ VIII put the Two elements together.
There is no Nat question OF sanity or
insanity-of right or wrong. Mental
science has outGrown such r test
II the jury finds that the prisoner
did the act. but that his brain was
affected at tho time. so that he did Il
without the criminal state of mind.
they must bring in n special verdict
10 that effect, and proceedings are
started automatically to determine
whether the prisoner is y safe person
10 have at large, or whether he should
be committed to an institutions
The committee which has worked six
years in pcrfcctine this proposed bill
until il squares with all the funda-
| mental principles of law and medicine
| consists Of some Of the most histln-
| guishcd lawyers and alicnists In the
| United states. Professor T. r. kecdy
| of the University Of Pennsylvania is
| chairman Other members arc Judge
| Barnes. Of Chicago: Justice Carter. of
| the illinois Supreme Court: Dean
| Mikcll. Of tho University OF rcnnsyl-
! vania law school: DR. Adolf Meyer. Of
Johns Hopkins: Or. Meyer. OF Chica 20:
/ pr Prince. OF Boston and Or. White.
Of Washington
/ The subject of their work has been
| too technical for the layman to he able
to cvaluate tho result: but In view
Of the state that tho question OF in
! sanity at law seems 10 he lapsing into.
! the layman hopes that they have done
! II good job.