Chapters in the History of the Insane in the British IslesTuke, Daniel Hack
History
Chapters in the History of the Insane in the British Isles
Tuke, Daniel Hack
Mental health laws -- Great Britain; Mental illness -- Great Britain; Mentally ill -- Care; Psychiatric hospitals -- Great Britain
Two other practical suggestions: The number of instances in which life
is sacrificed, and the still larger number of instances in which threats
of injury or damage short of homicide, destroy family happiness, through
the lunacy of one of its members, renders it highly desirable that
greater facilities should exist for placing such persons under restraint
(we do not refer now to imbeciles) before a dreadful act is committed,
to say nothing of terminating the frightful domestic unhappiness. In
most of these cases there is but slight apparent intellectual disorder,
although careful investigation would frequently discover a concealed
delusion, and the greatest difficulty exists in obtaining a certificate
of lunacy from two medical men. They shrink from the responsibility.
Nothing is done. Prolonged misery or a terrible catastrophe is the
result. To avoid this, there might be a power vested in the
Commissioners in Lunacy to appoint, on application, two medical men,
familiar with insanity, to examine a person under such circumstances.
Their certificate that he or she ought to be placed under care should be
a sufficient warrant for admission into an asylum, and they should not
be liable to any legal consequences. It should not be necessary for the
signers of the certificate to comply with the usual formalities. The
Commissioners should have power to grant an application of this kind,
whether made by a member of the family or by a respectable inhabitant of
the place in which the alleged lunatic resides; his respectability, if
necessary, being attested by the mayor.
The other suggestion has reference to the strange and clumsy way in
which the English law goes to work to discover whether a man charged
with crime and suspected to be insane is so in reality. It is a chance
in the first place whether he is examined by a medical man at all. If he
can afford counsel, and the plea of insanity is set up, medical
testimony is adduced of a one-sided character, and, more likely than
not, counter medical evidence is brought forward by the prosecution.
Thus physicians enter the court as partisans, and being in a false
position, often present an unfortunate spectacle; while, worst of all,
the truth is not elicited.
Then, it not unfrequently happens that after the trial the thing is done
which should have been done previously; experts in insanity are employed
to decide upon the prisoner's state of mind. The court should call such
experts to their assistance at the trial, and, what is most important,
ample time should be allowed to examine the suspected lunatic. In France
the "Juge d'instruction" requests neutral experts to examine and report
upon the accused, and I have recently been assured by physicians in
Paris, with whom I have discussed this point, that the plan, on the
whole, works well. Is it too much to hope that common sense will guide
our own law-makers to introduce a similar practice?[212]
Public-domain text, read in full here on John Shaqi.
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