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
Q.--Do you consider him insane at the present time? The answers to such
questions, generally in favor of the defendant, will outweigh the
opinion of the mightiest expert in the land, in the opinion of the jury.
Yet the witness is not even asked if he has ever seen a case of
insanity, if he were ever in an asylum, or whether he has any practical
or theoretical knowledge of insanity or insane men. His recent relations
with the accused may have been confined to mere daily salutations, or so
cursory as to furnish no useful information as to mental health. The
position of the accused also, is one that naturally excites in the minds
of the jury the deepest sympathy. They can not, and will not, understand
why a poor fellow who sleeps little, talks strangely, and facetiously
styles himself General Jackson, should be sent away to an asylum,
deprived of all that makes life dear to them. They do not believe the
man insane; their sympathies forbid so hard a verdict. Insanity is not
a contract, a will or a deed. It is not a question of law; it is a
question of fact. A fact often difficult to reach; a fact so closely
related with physiological and metaphysical facts, so interwoven with
the subtile threads of human intelligence, so artful in alluding
apprehension, so dangerous in its results, that its judicial
investigation can never be safely entrusted to those deficient in
knowledge and experience. The custom of conducting these inquiries
before juries, and in public places, should be discontinued. The
exhibition of these God-stricken people and their mental deformities as
a public spectacle, is a relic of barbarian inhumanity. Charity would
fain cover them with the mantel of privacy. The practice of allowing
loquacious attorneys to harangue the court, to brow-beat the medical
witness and vex him with impertinence, to sneer at and gibe an expert
whilst he elucidates some difficult point to a stupid jury, that has
been raised by a yet more stupid attorney, is too despicable for
respectful comment. What would you think of the proposition, Mr.
President, to employ attorneys at law in a court composed of
mathematicians? The question for investigation being one pertaining to
their science. The very questionable utility of attorneys at law, under
any circumstances, would not be found available in such a court. Neither
ought they to find place in a court convened for the solution of a
problem quite as technical and far more abstruse. A question of physical
disease involving nerve centers. I will here venture the opinion that
the day is not far distant, when investigations involving insanity only,
will be more expeditiously and justly determined without the assistance
of either lawyers or juries. Lawyers tell us sir, that the merchant, the
artisan, the laborer and the men who till the soil are as competent and
intelligent judges of mental phenomena as the physician.
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