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
Although of the utmost consideration, the extent of this enquiry would
seem to be very limited, and contained in this simple question. Is the
person accused, of insane mind? If he be insane he will be acquitted on
the _proof_ of his insanity—if he be not of insane mind, he must be
treated as an ordinary delinquent. In those cases where the prisoner
is so bereft of his reason, that any twelve men would not entertain
a different opinion, where numerous evidences appear to testify to
repeated acts of insanity, which are so manifest that they cannot be
otherwise interpreted; and where he has been confined and treated for
this malady, the physician will have an easy duty to perform: but it is
in cases which appear to be involved in difficulty, where the disorder,
although existing and directing the actions, is not so ostensibly
developed that the medical evidence becomes important, and capable by
sagacity, experience and truth, of explaining and characterizing the
state of the person’s intellect.
The important duty which the medical practitioner has to perform,
when he delivers his testimony before a court of justice, should be
clearly defined, conscientiously felt, and thoroughly understood,—his
opinion ought to be conveyed in a perspicuous manner; he should be
solemnly impressed that he speaks upon oath, the most sacred pledge
before God between man and man—and that the life of a human being
depends on the clearness and truth of his deposition. He is not to
palm on the court the trash of medical hypothesis as the apology for
crime; neither should the lunatic receive his cure at the gallows by
the infirmity of his evidence—but above all his opinion should be
so thoroughly understood by himself; so founded in experience and
fortified by reason, that it may resist the blandishments of eloquence
and the subtil underminings of cross-examination. The physician should
not come into court merely to give his opinion—he should be prepared
to explain it, and able to afford the reasons which influenced his
decision:—without such elucidation, Opinion becomes a bare Dictum,
and endeavours to claim precedence, without courtesy or obligation to
science.
Public-domain text, read in full here on John Shaqi.
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