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
ANSWERS.--"The jury ought to be told, in all cases, that _every
man is presumed_ to be sane, and to possess a sufficient degree
of reason to be responsible for his crimes, until the contrary be
proved to their satisfaction; and that, to establish a defence on
the ground of insanity, it must be clearly proved that, at the
time of the committing of the act, the party accused was labouring
under such a defect of reason, from disease of the mind, as not to
know the nature and quality of the act he was doing; or, if he did
know it, that he did not know he was doing what was wrong. The mode
of putting the latter part of the question to the jury, on these
occasions, has generally been whether the accused, at the time of
doing the act, knew the difference between right and wrong--which
mode, though rarely if ever leading to any mistake with the jury,
is not, as we conceive, so accurate when put generally and in
the abstract, as when put to the party's knowledge of right and
wrong with respect to the very act with which he is charged. If
the question were to be put as to the knowledge of the accused,
solely and exclusively with reference to the law of the land, it
might tend to confound the jury, by inducing them to believe that
an actual knowledge of the law of the land was essential in order
to lead to a conviction, whereas the law is administered upon the
principle that every one must be taken conclusively to know it,
without proof that he does know it. If the accused was conscious
that the act was one which he ought not to do, and if that act was
at the same time contrary to the law of the land, he is punishable;
and the usual course, therefore, has been to leave the question
to the jury--whether the party accused had a sufficient degree of
reason to know that he was doing an act that was wrong; and this
course, we think, is correct, accompanied with such observations
and explanations as the circumstances of each particular case may
require."
QUESTION IV.--"If a person, under an insane delusion as to the
existing facts, commits an offence in consequence thereof, is he
thereby excused?"
ANSWER.--"The answer must of course depend on the nature of the
delusion; but making the same assumption as we did before--that
he labours under such partial delusion only, and is not in other
respects insane--we think he must be considered in the same
situation, as to responsibility, as if the facts with respect to
which the delusion exists were real. For example--if, under the
influence of his delusion, he supposes another man to be in the act
of attempting to take away his life, and he kills that man, as he
supposes, in self-defence, he would be exempt from punishment. If
his delusion were that the deceased had inflicted a serious injury
to his character and fortune, and he killed him in revenge for such
supposed injury, he would be liable to punishment."
Public-domain text, read in full here on John Shaqi.
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