Suicide: Its History, Literature, Jurisprudence, Causation, and PreventionWestcott, W. Wynn (William Wynn)
Philosophy
Suicide: Its History, Literature, Jurisprudence, Causation, and Prevention
Westcott, W. Wynn (William Wynn)
Suicide
This distinction was lost sight of in the time of Staundforde, who
wrote in 1570.
The law of forfeitures in other respects remained the same until 1870,
when forfeitures for felony were abolished by 33 and 34 Victoria, c. 23.
Whilst such disabilities existed, it was perhaps a kindness of juries
to misrepresent the manner of death, and to find that all suicides were
of unsound mind; but now that these disabilities, both of forfeitures,
and usages of contempt to the corpse, have been taken away, there
does not seem to be any necessity to refrain from finding a verdict
“according to the evidence,” which a Coroner’s jury is sworn to do; at
least, more accurately, a Coroner’s jury is sworn to give a verdict
“according to the evidence, and the best of their knowledge and
belief,” thus giving a greater freedom in investigation than is given
to jurymen in a criminal court.
STEVENSON, in Taylor’s “Medical Jurisprudence,” remarks, “It is to be
hoped that these recent enactments of the Burial Laws will do away with
many absurd verdicts of ‘Temporary Insanity;’” and Chitty, J., 1834,
adds, “If juries were more often to find verdicts subjecting parties
to some ignominy, in cases where there is no pretence of insanity, the
apprehension of such a result would tend to prevent the frequency of
the act.” (Med. Jurisprudence, cap. ix. sec. v.)
There are still some authorities who think that evidence of insanity
could be found in all cases, if only sufficiently investigated. See
“Journal of Mental Science,” April 1861. I feel bound to say this is to
me only an amiable fallacy.
Several cases have come under my personal notice where deliberate
suicide has been committed by persons of the clearest intellect, who
have never shown any one symptom of mind failure, who were not even
eccentric, and yet who chose to sacrifice their life in this world and
risk their eternal future, just to avoid a passing annoyance. Such a
choice may show, if you like, a weakness of mind, but is not what our
Text Books teach us to understand by the expression Lunacy.
Gibbon, “Decline and Fall of the Roman Empire,” c. 14, remarks,
“Whenever an offence inspires less horror than the punishment awarded
to it, the rigour of penal law is obliged to give way to the _common_
feelings of mankind.” Jeremy Bentham remarks that jurors do not
hesitate to violate their oaths, and so meet the interference of law,
by finding suicides to be “non compos.”
The frequency with which Coroners’ juries return a verdict of “Suicide
whilst in a state of temporary insanity,” is less a proof of the
connection between suicide and lunacy, than a sign of the futility of
the existing laws relating to the crime of felo-de-se.
The commission of suicide does, no doubt, raise the question of
insanity, but in such cases the issue should be tried, not decided
offhand. The reports of the following criminal trials may be consulted
for further information on the subject of the association of suicide
with crime.
Public-domain text, read in full here on John Shaqi.
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