Crime -- United States; Criminal justice, Administration of -- United States; Criminals -- United States
A classification of the different forms of insanity, based upon its
causes to which the case of any particular accused might be relegated,
such as has recently been urged by a distinguished young neurologist,
would not, with a few exceptions, assist us in determining his
responsibility. It would be easy to say then, as now, that lunatics or
maniacs should not be held responsible for their acts, but we should be
left where we are at present in regard to all those shadowy cases where
the accused had insane, incomplete or imperfect knowledge of what he was
doing. It would be ridiculous, for example, to lay down a general rule
that no person suffering from hysterical insanity should be punished
for his acts. Yet, even so, such a classification would instantly
remedy that anachronism in our present law which refuses to recognize
as irresponsible those born without power to control their emotions--the
psychopathic inferiors of science, and the real victims of dementia
praecox.
Of course, if the insanity under which the defendant labors bears no
relation to or connection with the deed for which he is on trial, there
would logically be no reason why his insanity on other subjects should
be any defence to his crime. For example, there is the well-known case
of the Harvard professor who was apparently sane on all other matters,
yet believed himself to be possessed of glass legs. Had this man in
wanton anger struck and killed another, his "glass leg" delusion could
not logically have availed him. If, however, he had struck and killed
one who he believed was going to shatter his legs it might have been
important. The illustration is clear enough, but its application
probably involves a mistaken premise. If he thought he had glass legs
his mind was undoubtedly deranged--whether enough or not enough to
constitute him irresponsible or beyond the effect of penal discipline
might be a difficult question. The generally accepted doctrine is, that
if a man has a delusion concerning something, which if actually existing
as he believed it to be would be no excuse for his committing the
criminal act, he is responsible and liable to punishment; but, as Bishop
well says:
"This branch of the doctrine should be cautiously received; for delusion
of any kind is strongly indicative of a generally diseased mind."
Public-domain text, read in full here on John Shaqi.
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