Crime -- United States; Criminal justice, Administration of -- United States; Criminals -- United States
*"The Citizen and the Jury," in "Moral Overstrain," by G.W. Alger.
Merchants, who in return for a larger possible restitution habitually
compound felonies by tacitly agreeing not to prosecute those who have
defrauded them, have no right to complain because juries acquit the
offenders whom they finally decide it to be worth their while to pursue.
The voter who has not the courage to insist that hypocritical laws
should be wiped from the statute books should express no surprise when
juries refuse to convict those who violate them. The man who perjures
himself to escape his taxes has no right to expect that his fellow
citizens are going to place a higher value upon an oath than he.
CHAPTER X. Insanity and the Law
Harry Kendall Thaw shot and killed Stanford White on the 25th day of
June, 1905. Although most of the Coroner's jury which first sat upon
the case considered him irrational, he was committed to the Tombs and,
having been indicted for murder, remained there over six months pending
his trial. During that time it was a matter of common knowledge that his
defence was to be that he was insane at the time of the shooting, but as
under the New York law it is not necessary specifically to enter a plea
of insanity to the indictment in order to take advantage of that defence
(which may be proven under the general plea of "not guilty"), there was
nothing officially on record to indicate this purpose. Neither was it
possible for the District Attorney to secure any evidence of Thaw's
mental condition, since he positively refused either to talk to the
prosecutor's medical representatives or to allow himself to be examined
by them. Mr. Jerome therefore was compelled to enter upon an elaborate
and expensive preparation of the case, not only upon its merits, but
upon the possible question of the criminal irresponsibility of the
defendant.
Public-domain text, read in full here on John Shaqi.
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