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
To another of those questions the judges answered, that a person
partially insane was to be treated _as if the facts were just what he
imagined them to be_, as if his delusions were realities. His conduct
was to be judged by his own premises. This was accepted as law by
England, and is the law now both there and here, and, I suppose,
throughout the civilized world. Now, these are exactly the conclusions
about an insane man's responsibility which we had arrived at before,
reasoning from psychological and ethical first principles.
It is therefore for the consequences of an insane delusion only that a
man is not responsible before the inward court of conscience and the
outward courts of justice.
But the case is altogether different when the error is not the result of
insane delusion. When a man, sane or partially insane, has reasoned
himself into a false opinion or conviction, not the result of his
insanity, that the crime he is going to commit is justifiable, such
conviction being his own free act does not exempt him from punishment.
This was the precise point on which turned the celebrated case of
Guiteau, the murderer of President Garfield. His trial before the
Supreme Court, District of Columbia, December, 1882, was one of the most
interesting that have ever occurred in this country or elsewhere in
connection with the plea of insanity. In his very able and exhaustive
instructions to the jury on that occasion, Judge Cox states the rule
that is to guide the jury in these words: "It has been argued with great
force on the part of the defendant that there are a great many things in
his conduct which could never be expected of a sane man, and which are
only explainable on the theory of insanity. The very extravagance of his
expectations in connection with this deed--that he would be protected by
the men he was to benefit, would be applauded by the whole country when
his motives were made known--has been dwelt upon as the strongest
evidence of unsoundness. Whether this and other strange things in his
career are really indicative of partial insanity, or can be accounted
for by ignorance of men, exaggerated egotism, or perverted moral sense,
might be a question of difficulty. And difficulties of this kind you
might find very perplexing if you were compelled to determine the
question of insanity generally, without any rule for your guidance.
"But the only safe rule for you is to direct your reflections to the one
question which is the test of criminal responsibility, and which has
been so often repeated to you, viz., whether, whatever may have been the
prisoner's singularities and eccentricities, he possessed the mental
capacity, at the time the act was committed, to know that it was wrong,
or was deprived of that capacity by mental disease."
Public-domain text, read in full here on John Shaqi.
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