Medical Jurisprudence as it Relates to Insanity, According to the Law of EnglandHaslam, John
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Medical Jurisprudence as it Relates to Insanity, According to the Law of England
Haslam, John
Insanity (Law) -- Great Britain; Mental illness -- Jurisprudence
It has been stated in a former part of this tract, that the medical
evidence, in order to impress and satisfy the tribunal before which
his testimony is given, should not merely pronounce the party to be
insane, but ought to adduce sufficient reasons as the foundation of
his opinion. For this purpose it behoves him to have investigated
accurately the collateral circumstances. It should be enquired if
he had experienced an attack at any former period of his life?—if
insanity had prevailed in his family?—If any of those circumstances
which are generally acknowledged to be causes of this disease had
occurred? as injuries of the head, mercurial preparations largely
or injudiciously administered—attacks of paralysis—suppression of
customary evacuations, &c. It should likewise be ascertained, if
previous depression of mind had prevailed, resulting from grief,
anxiety or disappointment—and it should not be neglected to collect
any written documents; as insane persons will very often commit to
writing their feelings and opinions although they may suppress them in
discourse.
There appear however sufficient criteria to discriminate crime from
insanity, although it must be confessed, and such has been the
opinion of distinguished legal authority, that they have often seemed
to be intimately blended; yet there is a partition which divides
them, and it is by such well defined interposition that they are to
be separated:—for madness, clear and unequivocal insanity, must
be established by the medical evidence. It is not eccentricity,
habitual gusts of passion, ungovernable impetuosity of temper, nor the
phrensy of intoxication,[50:A] but a radical perversion of intellect,
sufficient to convince the jury that the party was bereft of the reason
of an ordinary man.
[50:A] A broad distinction should be made between the immediate
and remote effects of intoxication. A man is not held guiltless
who perpetrates a crime during the state of intoxication.
He voluntarily introduces into his system a stimulus which
augments his ferocity, diminishes his moral affections, and
overshadows his reason. But the usual effect of this stimulus
is temporary, he awakes from his debauch rational, and commonly
drags after him the heavy chain of reflection. It is however
equally true that this single excess may be continued into
permanent insanity: he may remain for many months in a state of
mental derangment, and during the prevalence of his disorder
may be compelled to forego all intoxicating beverage.—If such
person after the elapse of several weeks from the commencement
of his disorder, should, under its influence, commit a fatal
outrage, no system of jurisprudence would connect the violence
with the cause which originally produced the disease.
Public-domain text, read in full here on John Shaqi.
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