Medical experts: Investigation of Insanity by JuriesThorne, W. S.
Science
Medical experts: Investigation of Insanity by Juries
Thorne, W. S.
Insanity (Law); Medical jurisprudence; Medicine -- California
It is needless to multiply examples of this character. A skillful
advocate, before a jury, can set at liberty the most dangerous lunatic
in the State. Why is this? Why should not a jury composed of twelve
impartial citizens, sworn to render a verdict in accordance with the
evidence adduced before them, with medical experts to give opinions and
testify as to matters of fact, with a learned judge to expound the
law--why, I would ask, should not a court so constituted, present the
very best and most perfect type of a tribunal to investigate those
complex questions which arise concerning insanity? Learned jurists have
said, and still assert, that any person, of common sense and common
experience, is as competent to judge between a sound mind and a mind
diseased as the physician or alienist. Sir, this doctrine is repugnant
to reason and common sense. As well might they claim that the same
persons could as unerringly discriminate between health and disease in
some other part of the nervous system--in the retina, the spinal cord,
or the medulla-oblongata. The doctrine is utterly false, false in theory
and false in fact. If any person, indifferently selected, is as
competent as the medical man to judge of what symptoms indicate a
diseased brain or nervous system, the same individual, under like
circumstances, should be able to determine the symptoms of cholera,
scarlatina, measles, or the symptoms of certain poisons. If the
assumption of legal gentlemen be true, I would propose that in certain
cases of doubtful diagnosis, a jury be empaneled to determine the real
character of the disease. I deny the fact that jurymen selected from the
laity are competent judges of the symptoms that indicate mental
diseases. They are disqualified because: First--They lack the special
study and experience by which alone they could comprehend and rightly
interpret what they must see and hear. Second--_Juries do not render
verdicts in accordance with the evidence._ It is, I believe, one of the
esteemed privileges of juries to render verdicts utterly at variance
with the testimony. Third--In trials of this character, juries are
exposed to the eloquent wiles of counsel, who dwell with telling effect
upon the probable persecution of the defendant; the loss of name and
reputation an asylum would entail upon him; conspiracy of family or
others from criminal motives, and the hardship of isolation and
confinement; finally, the introduction of a mass of testimony by
interrogations somewhat as follows:
Question--Do you know the defendant?
Q.--How long have you known him?
Q.--Did you always consider him a sane man?
Q.--Have you often seen and talked with him of late?
Q.--Do you perceive any difference in his mental condition now and when
you first knew him?
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