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
"The law throws on the prisoner the _onus_ of proving that, at the
time the offence was committed, he was in an unsound state of mind;
and you will have to say, after hearing my explanation of the law,
whether this has been made out to your satisfaction. In the first
place, you must clearly understand that it is not because a man is
insane that he is unpunishable: and I must say, that _upon this
point there exists a very grievous delusion in the minds of medical
men_. The only insanity which excuses a man for his acts is that
species of delusion which conduced to, and drove him to commit,
_the act alleged against him_. If, for instance, a man, being under
the delusion that another man would kill him, killed that other,
for, as he supposed, his own protection, he would be unpunishable
for such an act; because it would appear that the act was done
under the delusion that he could not protect himself in any other
manner: and there the particular description of insanity conduced
to the offence. But, on the other hand, if a man has a delusion
that his head is made of glass, that will be no excuse for his
killing a man. He would know very well that, although his head were
made of glass, that was no reason why he should kill another man,
and that it was a wrong act; and he would be properly subjected to
punishment for that act. These are the principles which ought to
govern the decision of juries in such cases. They ought to have
clear proof of a formed disease of the mind--a disease existing
before the act was committed, and which made the person accused
incapable of knowing, at the time he did the act, that it was a
wrong act for him to do. This is the rule which I shall direct you
to be governed by. Try the case by this test. Did this unfortunate
gentleman know, at the time, that it was wrong to strike the
Queen on the forehead? Now, there is no doubt that he was very
eccentric in his conduct; but did that eccentricity disable him
from judging whether it was right or wrong to strike the Queen?
Is _eccentricity_ to excuse a man for any crime he may afterwards
commit? The prisoner is proved to have been perfectly well aware of
what he had done immediately afterwards, and in the interview which
he had had since with one of the medical gentlemen, he admitted
that he knew perfectly well what he had done, and ascribed his
conduct to some momentary uncontrollable impulse. The law does
not acknowledge such an impulse, if the person was aware that it
was a wrong act he was about to commit; and he is answerable for
the consequences. A man might say that he picked a pocket from
some uncontrollable impulse; and in that case, the law would have
an uncontrollable impulse to punish him for it. What evidence
is there, then, in this case to justify you in coming to the
conclusion, that when the prisoner struck the Queen he did not know
Public-domain text, read in full here on John Shaqi.
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