Medical Jurisprudence as it Relates to Insanity, According to the Law of EnglandHaslam, John
Science
Medical Jurisprudence as it Relates to Insanity, According to the Law of England
Haslam, John
Insanity (Law) -- Great Britain; Mental illness -- Jurisprudence
and perhaps it is the best that can be furnished.
[61:A] It has been observed that the finding a commission is
like signing the death-warrant of an individual: it certainly
consigns his person and property to the management of others
appointed by the chancellor. But it should be fully understood
that this process is exclusively a process of law, and resorted
to by the relations, or trustees for the insane person. The
medical practitioner has no interest whatever in this legal
instrument—on the contrary, he is generally a loser by the
finding of the commission, which ordinarily implies (though
improperly) a confirmed state of disease, rendering less
necessary medical advice and attendance.
In many instances, the insanity of the person is so clear, so
evident and demonstrable, that it is immediately acknowledged by the
commissioners and jury;—in such cases the medical practitioner has
an easy duty to perform. There are however occasions where the state
of the person’s mind involves considerable doubt, and creates much
difficulty in determining: and in these equivocal and embarrassing
circumstances, the skill and experience of the physician must furnish
the documents and reasons for the decision of the jury. He is presumed,
in consequence of his previous attendance on the patient, from the
repeated conversations he has held with him, and from an attentive
observation of his conduct, to be fully informed of the state of
his mind: and as the commission is commonly granted by the medical
affidavit of the party’s lunacy, it is a natural expectation that
such medical evidence should be competent to prove to the extent he
has deposed on oath. The gentlemen who compose the jury and whose
province it is to determine on the lunacy of the party, may not be
acquainted with the different species of insanity, nor possess any
considerable knowledge of the physiology of the intellect; yet they are
entitled, and fully able to exercise their judgment, their honest and
plain sense, on those opinions and that conduct which characterize an
insane mind, and which disqualify the person so affected from having
the management of himself or of his affairs. It is the duty of the
medical evidence to become acquainted with his prevailing opinions, and
also with his propensity to act on them, to ascertain his capricious
partialities and unfounded resentments:—and whether he meditates his
own destruction, or seeks to take away the life of another. Either
of these propensities originating purely from insanity, both for the
safety of the patient and of the community claim the protection of the
law. Although the commissioners and jury have a right to expect from
the medical evidence a full developement of the patient’s condition
of intellect, yet it has not unfrequently occurred that even medical
persons have so widely differed concerning the mental state of an
individual, that one party has deposed to his sanity, and the other
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