Courts, Criminals and the CamorraTrain, Arthur Cheney
History
Courts, Criminals and the Camorra
Train, Arthur Cheney
Camorra; Criminals -- United States; Justice, Administration of -- United States
When no other defence to homicide is possible the claim of insanity
is frequently interposed. Nothing is more confusing to the ordinary
juryman than trying to determine the probative value of evidence
touching unsoundness of mind, and the application thereto of the legal
test of criminal responsibility. In point of fact, juries are hardly
to be blamed for this, since the law itself is antiquated and the
subject one abounding in difficulty. Unfortunately the opportunity for
vague yet damaging testimony on the part of experts, the ease with
which any desired opinion can be defended by a slight alteration in
the hypothetical facts, and the practical impossibility of exposure,
have been seized upon with avidity by a score or more of unscrupulous
alienists who are prepared to sell their services to the highest
bidder. These men are all the more dangerous because, clever students
of mental disease and thorough masters of their subject as they are,
they are able by adroit qualifications and skilful evasions to make
half-truths seem as convincing as whole ones. They ask and receive
large sums for their services, and their dishonest testimony must be
met and refuted by the evidence of honest physicians, who, by virtue of
their attainments, have a right to demand substantial fees. Even so,
newspaper reports of the expense to the State of notorious trials are
grossly exaggerated. The entire cost of the first Thaw trial to the
County of New York was considerably less than twenty thousand dollars,
and the second trial not more than half that amount. To the defence,
however, it was a costly matter, as the recent schedules in bankruptcy
of the defendant show. Therein it appears that one of his half-dozen
counsel still claims as owing to him for his services on the first
trial the modest sum of thirty-five thousand dollars! The cost of the
whole defence was probably ten times that sum. Most of the money goes
to the lawyers, and the experts take the remainder.
It goes without saying that both prosecutor and attorney for the
defence must be masters of the subject involved. A trial for poisoning
means an exhaustive study not only of analytic chemistry, but of
practical medicine on the part of all the lawyers in the case, while
a plea of insanity requires that, for the time being, the district
attorney shall become an alienist, familiar with every aspect of
paranoia, _dementia præcox_, and all other forms of mania. He must
also reduce his knowledge to concrete, workable form, and be able to
defeat opposing experts on their own ground. But such knowledge comes
only by prayer and fasting—or, perhaps, rather by months of hard and
remorseless grind.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account