Moral Principles and Medical Practice: The Basis of Medical JurisprudenceCoppens, Charles
Philosophy
Moral Principles and Medical Practice: The Basis of Medical Jurisprudence
Coppens, Charles
Medical ethics; Medical jurisprudence
The matter of introducing some such practice into this country has been
agitated of late, and may by and by lead to beneficial results.
Dr. Shrady has taken steps to promote this object by striving to have a
law enacted by the New York legislature providing for the regulation of
expert medical testimony in jury trials. According to his plan, once
such a commission has been established, the court is to send the
medical issue to these experts, just as it sends other issues to special
juries to be decided. The regular petit jury will then decide only upon
the facts constituting the crime.
This would do away with special pleas of insanity before a jury that
knows little or nothing about the nature of the disease, and whose
sympathies may readily be worked upon by shrewd lawyers to render a
verdict of acquittal.
As things are now, the medical expert, summoned to testify in a case of
contested sanity or insanity of mind, ought to rise above minor
considerations, and promote the cause of justice, by giving all the
valuable information that his profession enables him to acquire on the
very difficult subject of mental unsoundness.
6. For this purpose, he must be skilled in three departments of science.
(_a_) In _law_--sufficiently to understand what are considered by the
courts as characteristic marks of an insane mind, and what amount of
sanity the courts require to hold a culprit responsible for his crime or
a contract valid in its effects.
(_b_) In _psychology_--to such an extent that the expert witness can
speak analytically and correctly as to the properties and actions of the
human mind.
(_c_) In _medicine_--so far as concerns the treatment of the insane, and
the understanding of their peculiarities, so as to reason from them by
induction to the real condition of the client's or patient's mind.
But the main requisite for an expert witness is to understand clearly in
what insanity properly consists, and how far it ought to excuse an
insane man from bearing the consequences of his acts.
III. This two-fold knowledge is obtained by the psychological study of
insanity, on which study we are now to enter, and it is the principal
point in this whole matter.
Insanity means a want of soundness; he is insane whose mind is not
sound, but is deranged, and therefore, like a machine out of order, it
cannot properly perform its specific task, namely, to know the truth of
things. An insane man cannot judge rightly.
1. Insanity takes various forms, which may be reduced to two kinds, with
the doubtful addition of a third kind, namely, moral insanity, of which
we shall speak in our next lecture.
The first kind consists in the total want or gross torpor of mental
activity. When there is a total, or nearly total, eclipse of the
intellect, the disease is called _idiocy_, the state of an idiot. When
there is an abnormally low grade of the reasoning power, it is styled
_imbecility_. The failure or decay of reason in old age is called
_dotage_.
Public-domain text, read in full here on John Shaqi.
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