Medical Jurisprudence, Volume 2 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 2 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
It is not for us in this place to argue the question whether excessive
severity of punishment does or does not defeat its punishment; as more
injury is done by inducing that illegal mercy which is here complained
of, than benefit is derived by terror of the unexecuted sentence of
the law: the subject is in abler hands; we shall, therefore, content
ourselves with suggesting, that coroners should be far more strict in
their examination of the bodies of persons supposed to be _felo de
se_; nay, that anatomical inspection of the great cavities should be
absolutely required in all cases. We will not maintain with a French
author on Medical Jurisprudence, that the signs of insanity can often
be discovered on dissection; though we can imagine some cases, as
where there has been an excessive determination of blood to the brain,
in which this inspection may be satisfactory; (See vol. 1, p. 327).
_Fourcroy_ and _Durande_ have also found, on dissecting persons who
had committed suicide, hardness of the liver, and gall stones; and
_Foderé_ observes that, in failure of other evidence, such appearances
deserve to carry some weight. But benefit would still result from the
practice; first from the general horror in which dissection is held,
for if the dread of an ignominious burial, however remote the chance
of its infliction, can be supposed to discourage this offence, under
the existing law, the certainty of personal mutilation would operate
in the proposed alteration. It is related, that when suicide had
become so frequent among the Roman ladies, as to threaten ill effects
to the commonwealth, the Senate decreed that the bodies of all who
died by their own hands should be exposed naked in the public ways.
The effect of the decree was an immediate cessation of the crime;
possibly the same result might be produced by the dread of dissection.
Footnote 89:
Al sessions al Newgate post natalem dom. 1604, 2 _Jac._ Le case fuit
que en home et se feme ayant longe temps vive incontinent ensemble, le
homme ayant consume son substance et cressant en necessity, dit al
feme que il fuit weary de son vie, et qu’il voiloit luy m occider, a
que la feme dit que donques el voiloit auci moryer ove luy: per que le
home praya la feme que el voiluit vaar et acheter ratisbane, et ils
voilont ceo beber ensemble, le quel el fist, et el ceo mist en le
drink, et ils bibe ceo, mes la feme apres prist sallet oyle, per que
el vomit et fuit recover, mes le home morust: et le question fuit si
ceo fuit murther en la feme. _Montague_ recorder cause l’especial
matter d’estre trove: _quære_ le resolucion. _F. Moore_, 754.
Footnote 90:
Vide ante, tit. Coroner’s Inquest.
Footnote 91:
Public-domain text, read in full here on John Shaqi.
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