Blackwood's Edinburgh Magazine, Volume 68, No. 421, November 1850Various
General
Blackwood's Edinburgh Magazine, Volume 68, No. 421, November 1850
Various
England -- Periodicals; Scotland -- Periodicals
Responsibility more awful than is devolved upon all parties to the
judicial investigation of this question can scarcely be imagined.
A deliberate and thorough investigation of every--even the
minutest--circumstance adduced, guided steadily by correct legal
principles, is demanded imperiously by justice. Difficult--almost
hopeless--as may be the attempt to grope into the turbid mind of a
madman, to ascertain its true condition at a given moment of time, the
attempt _must_ be made, a decision _must_ be pronounced--distinguishing
between real and simulated imbecility or madness--between irresponsible
insanity and responsible eccentricity. These are questions, we repeat,
of infinite importance, of great difficulty; and the interests of the
entire community, and of individual members of it, demand a steady
adherence to the principles of a humane and enlightened jurisprudence.
Recent dreadful instances have served to remove several sources of
dangerous error, in dealing with these cases of criminal jurisprudence.
No one dare now infer madness from the mere _absence of motive_, and
from the _very enormity of the act committed_; nor accord immunity
to the fancied victim of "_uncontrollable impulse_." That is, at all
events, a point gained in favour of society. In England, at all events,
we sternly repudiate this last sickly and spurious theory, which would
place the innocent and virtuous entirely at the mercy of the most base
and ruffianly impulses of our fallen nature. It would relax all the
bonds of self-restraint, and afford a premium on the indulgence of
ungovernable passions.
Public-domain text, read in full here on John Shaqi.
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