Evening star., 1933-07-08
Another Insanity Defense

A man is on trial in New York Tor
financial delinquencies and what
amounts to an insanity defense is
being offered for him. His counsel have
summoned an expert In mental condl-
tions and the familiar spectacle is being
presented of a scientific demonstration
of unbalance in accord with the source
of the fee for these services. The de-
fendant. who. until his business troubles
brought him into conflict with the law,
was rated as wholly Sound and sane. is
being shown to be mentally incompetent
and incapable of giving rational aid to
his own case That is. shown to be in
this sad state of mind by an alienist
engaged by the defense. The present
hearing, held before the court without
a jury, is to determine whether the
defendant is fit to stand trial.
In the course of the examination of
his patient by the alienist, as recounted
in court by the latter. questions were
asked and answers given that clearly
showed to the expert that the unfor-
tunate man is hopelessly befogged of
brain. Yet the recital of those ques-
tions and answers raises the point
whether nine -tenths of the men and
women now outside of asylums are not
mad if the suggested standard Is
accepted. Asked the difference between
water and ice, the patient-d defendant
replied that ice was frozen. Asked the
difference between a lie and mistake,
he said that it was matter of judg-
ment." Asked the difference between
butterfly and a bird he said that both
can fly" whereas he should have said
that the butterfly has wings and the
bird feathers. Asked the difference be-
tween a horse and an OK. he responded
that the former was farm animal and
the latter road animal. Asked for his
reaction to the statement too many
cooks spoil the BROTH" he expounded it
as meaning that too many cooks spoil
the food" Asked the difference between
could be placed against wall.
To all of these questions, the alienist
declared, any child Of ten or
twelve years of age would have
given different and correct answers.
This, in his judgment, demonstrated
the mental incapacity of the defendant.
Nor could the defendant count all the
letter o's in magazine advertisement,
or quickly name the months OF the year
backward However to other questions
relating to business affairs he reacted
normally. Apparently he is sane in re-
spect to the matters of his own ac-
ouaintance, but insane in respect to
certain definitions and Determinations
in an unfamiliar or long neglected field
of thought.
The utter farce of this sort of mental
test is e-ident 1t is not new in the
history of American criminal juris-
prudence 1t las been frequently pre-
sented, and the weather. the patient
defendant the more absurd 1t appears.
It has often been urged that in matters
of this kind the expert be hired by the
court and not by the defendant or the
prosecution Then would be prevented
the ridiculous conflicts Of opinion and
Judgment that have marked so many
cases tried in this country in which the
insanity defense" is presented. And
psychiatry would be spared the demon
strations of incertitude and speculation
and guesswork that are now SO frequent
and SO damaging to the prestige of that
branch of medical science.