Medical experts: Investigation of Insanity by Juries — John Shaqi
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
This statement accords with my own experience.
The special study which they direct to the investigation of a particular
case, in which they are acting as partisans, tends neither to enlarge
their views nor enlighten their understanding upon the subject. It
certainly would do so, if they could persue the investigation with that
careful and impartial spirit of inquiry that alone leads to knowledge.
Erroneous tests of insanity have been incorporated into works of law,
and these dogmas have become a part of the judicial mind. Practically
ignorant of nervous disorders and the physiological knowledge necessary
to comprehend them, and unused to contact with the insane, what wonder
is it that the judicial ideas of insanity are as crude as the antiquated
law which inspired them. The study of the mind is the study of the human
body. He who declares that mind is a function of the brain alone,
asserts an untenable theory. Every organ in the body ministers directly
or indirectly to the manifestations of mind. _Mens sana in corpore
sano_ is an axiom. Every organ in the body is connected by direct
continuity of nervous structure with the brain. The mind, as a separate
entity, exists only in the imaginations of men. It can only be studied
in relation to its corelative matter, the body. He who most perfectly
comprehends the latter must, of necessity, learn much of the former; and
it is the special province of the physician to study both. As he is the
custodian of the diseased body, so, likewise, is he the ablest minister
to the mind diseased. Physicians should be both judges and jury in
questions involving mental derangement. Our present Commission of Lunacy
is a sufficient guarantee of honest, intelligent and just decision. If
any particular doubts arise, more experts can be summoned; and should
there still be doubts, it is ever safe and practicable to delay
proceedings whilst the accused is kept under observation.
The provisions of sections 1763 and 1766 of our civil code, respecting
the examination of persons alleged to be insane, before juries and
assisted by counsel, should be repealed. Such an act would meet the
approval of every legal gentleman and jurist whose opinion I have been
able to obtain at this time. In common justice to medical men, whose
time and knowledge are so indispensable in medico-judicial
investigations, a provision should be made for their extra compensation,
similar to that in section 271 respecting short-hand reporters in
criminal cases. Thanking you, Mr. President and gentlemen, for your
respectful attention, I will close, with the hope that the profession of
the State will lend its generous efforts to correct our present system
of expert service, and the trial by jury of person held to be insane.
[Illustration: Decoration]
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