The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1933-05-19
SCIENCE, INSANITY, AND THE
LAW

THE case of Winnie Judd once more re-
Il emphasized the necessity for a complete
overhauling of the legal conception and pro-
cedure relative to the matter of insanity
The Judd case represented many long
drawn out months of virtual horseplay. The
facts which finally saved the condemned
woman from the moose we're all available at
the time of the trial In the end science
did not prevail. Sympathy and chvalry mere
ly upset the normal course of our hard Grim
inal procedure.
In most states of the Union it is almost
impossible for an honest expert in medical
psychology to present straightforward and
relevant evidence. He only can answer the
questions put to him and they are adroitly
framed to bring out the points desired by the
examining lawyer.
There is no opportunity to present the
wel-organized and unified opinion that such
a physician would set forth in dealing with a
private case.
Moreover, the legal test of insanity; name
ly, the question of whether a person can dis
tinguish between right and wrong and recog-
nize the consequences of his acts bears no i'm
portant relationship to the scientific medical
notions of mental disease
There are plenty of persons of psychopathic
character who have no serious impairment of
mental powers, but are quite incapable of
normal social conduct in the face of melting
circumstances.
Massachusetts, was the first commonwealth
to eliminate the first obstacle to the introduc-
ton OF medical science into the courtroom.
Here the burlesque and horseplay involved in
the legal examination and cross examination
of psychiatrists has been done away with.
The accused man is thoroughly examined
by an accredited psychiatrist from the state
department of mental diseases, a careful re-
port is drawn up and all this information is
available when the trial opens
In Short the doctor here functions in
the courtroom as he might when dealing with
a private patient. He has no other incen-
tive than the ascertainment of truth and
suffers no significant handicap in setting it
forth for the benefit of the court
In an interesting recent case in Marylsnd,
a precedent has been set which, if widely
followed will eliminate the other major de
feet in our legal handling of the insanity
problem, namely, the absurd legal notions of
mental responsibility.
This is the procedure followed in the
famous Duker case, presided over by Judge
Joseph n Ulmah of Baltimore This is dealt
with at length in Judge UlmanS interesting
book "A Judge Takes the Stand" just pub
l;shed
Herman w. Duker held up John W. An
derson. the driver of a milk wagon, in the
spring of 1881, and shot him dead when An
derson resisted. There was no doubt about
Duker's guilt. There was, further, no doubt
about his being a man of normal mental
powers.
He was quite clearly able TO distinguish
between right and wrong and fully to realize
the consequences of his act in holding up
and shooting an innocent man. AT the same
time, he had long case history of anti
conduct and of psychopathic personality.
From the age Of 10 it had been realized
that he was psychopath incapable of nor
NAL social conduct. lie had been examined
by a number of eminent psychiatrists all of
whom branded him as a psychopath before
he committed the murder of which he was
convicted.
No less a person than DR.. Frankwood E.
Williams examined Duker two years before the
murder and said that he is as little able, on
account of his psychopathic condition. to con-
form his conduct to social standards as he
would be to walk in the air"
Upon advice of counsel, Duker pleaded
guilty. Had the case been handled by con-
vential judge, the issue of insanity hardly
would have been raised and Duker would have
been sentenced to hang without any serious
consideration of the deeper issues involved in
his case. Had the insanity issue been raised,