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
has testified to his madness; if therefore such contrariety of opinion
should exist between those persons who are supposed most competent to
detect insanity, it cannot diminish our confidence in the decision of
an intelligent and impartial jury.
It may here be proper to notice that in the criminal court the
testimony of others is sufficient to establish the insanity of the
prisoner. Under a writ de Lunatico Inquirendo, superadded to the
testimony of others, the person supposed to be insane, is usually
produced before the commissioners and jury, and by them examined, in
order to confirm or invalidate the evidence which has been adduced,
and to satisfy their minds that he _is_ a lunatic at the time of
their enquiry. Although there is much fairness and impartiality in the
examination of the patient by the commissioners and jury to ascertain
by actual enquiry that his state of mind tallies with the evidence
deposed: yet it sometimes occurs, that the patient, fully aware of
the proceedings, will by subtilty endeavour to defeat them. He will
artfully conceal his real opinions and even affect to renounce such
as have been deemed proofs of his insanity, and on many occasions he
has been so skilfully tutored as to foil the united penetration of
lawyer and physician. It is on such occasions that the sagacity and
experience of the medical practitioner are demanded, and it will in
some instances occupy a considerable time to institute such examination
as shall suffice to unravel the real state of his opinions. It is
nearly impossible to give any specific directions for conducting such
examination as shall inevitably disclose the delusions existing in the
mind of a crafty lunatic; but in my own opinion it is always to be
accomplished, provided sufficient time be allowed, and the examiner
be not interrupted. It is not to be effected by directly selecting
the subjects of his delusion, for he will immediately perceive the
drift of such enquiries, and endeavour to evade, or pretend to disown
them:—the purpose is more effectually answered by leading him to the
origin of his distemper and tracing down the consecutive series of
his actions and association of ideas:—in going over the road where
he has stumbled he will infallibly trip again. If in a case of actual
insanity the medical practitioner, from inattentiveness, mistake, or
want of experience should fail to expose the real condition of the
patient’s intellect, and he should be found not lunatic, he would be
set afloat, to pursue the dictates of his perilous volition; he might
uncontrolled dissipate his property, and reduce himself and family to
beggary:—if his life were insured, if he subsisted on an annuity, or
held a commission in the naval or military service he might wander and
destroy himself, and thereby deprive his successors of their immediate
support or expected benefit:—or he might commit some outrage for which
he would be arraigned in a criminal court. The record of having been
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