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
The principle by which medical experts are forced to attend in courts of
law is manifestly _unjust_, and demands immediate alteration by our next
Legislature. The forced attendance of medical experts in courts of
justice at a rate of compensation arbitrarily fixed, or withheld, is an
abuse of power that finds no excuse in justice or necessity.
The citizen is thus virtually deprived of an inalienable right, for the
security of which our forefathers yielded up their fortunes and their
lives. Let the medical profession of the State of California see to it
that the next Legislature pass an act empowering District Judges to
allow extra compensation to medical experts summoned in criminal cases.
The same provision can be made for the compensation of medical experts
by the Legislature as provided in Section 271 of the Civil Code for the
payment of short-hand reporters in criminal cases, which is as follows,
to-wit: "In criminal cases, where the testimony has been taken down upon
the order of the court, the compensation of the reporter must be fixed
by the court, and paid out of the treasury of the county in which the
case is tried, upon the order of, the court."
I now pass to the second part of my subject, relating to the trial of
persons accused of insanity. Section 1763 of the "Code of Civil
Procedure" of the State of California declares that "a person of unsound
mind may be placed in an asylum for such persons, upon the order of the
County Judge of the county in which he resides, as follows: First--The
Judge must be satisfied by the oath of two respectable physicians that
such person is of unsound mind, and unfit to be at large. Second--Before
granting the order the Judge must examine the person himself, or if that
be impracticable, cause him to be examined by an impartial person.
Third--After the order is granted, the person alleged to be of unsound
mind, his or her husband or wife, or relative to the third degree may
demand an investigation before a jury, which must be conducted in all
respects as under an inquisition of lunacy." Section 1766 declares "That
any person who has been declared insane, or the guardian, or any
relative of such person, within the third degree, or any friend, may
apply by petition to the Probate Judge of the county in which he was
declared insane, to have the fact of his restoration to capacity
judicially determined. The petition shall be verified, and shall state
such person is then sane. Upon receiving the petition the Judge must
appoint a day for hearing, and, if the petitioner request it, shall
order an investigation before a jury, which shall be summoned and
impaneled in the same manner as juries are summoned and impaneled in
other cases in the Probate Court. On trial the guardian or relative of
the petitioner, and, in the discretion of the Judge, any other person
may contest the right of the petitioner to the relief demanded. If it be
found that the petitioner be of sound mind and capable of taking care of
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