Text-book of forensic medicine and toxicologyBuchanan, R. J. M. (Robert James McLean)
Science
Text-book of forensic medicine and toxicology
Buchanan, R. J. M. (Robert James McLean)
Medical jurisprudence; Poisons
“Your noble son is mad:
Mad call I it; for, to define true madness,
What is‘t but to be nothing else but mad?”
To the legal mind, the chief character of insanity is the presence of
_delusion_; but this view is far too restricted. It was first advanced
by Erskine in the trial of Hadfield. Before that trial the doctrine
was that every man was responsible for his acts, unless he was totally
deprived of his understanding and memory, and did not know what he was
doing, “no more than an infant, than a brute, or a wild beast” (R.
_v._ Arnold). In the case of Bellingham, the knowledge of “right” and
“wrong” in the abstract was the test of mental unsoundness; and, as in
the opinion of the judge and jury he was held to be capable of solving
this metaphysical problem, Bellingham was duly hanged.
Since the trial and acquittal of MacNaughton on the ground of insanity,
the doctrine of the knowledge of abstract right and wrong has been
changed to a knowledge of right and wrong in relation to the particular
act of which the person is accused, and also at the time of committing
it.
It has also been held that, on the assumption that a person labours
under partial delusion only, and is not in other respects insane, he
must be considered in the same situation as to responsibility as if
the facts, with respect to which the delusion exists, were real. For
example, if, under the influence of delusion, he supposes another man
to be in the act of attempting to take his life, and he kills that man,
as he supposes, in self-defence, he would be exempt from punishment.
If his delusion were that the deceased had inflicted a serious injury
on his character and fortune, and he killed him in revenge for such
supposed injury, he would be liable to punishment. “Here,” says
Maudsley, “is an unhesitating assumption that a man, having an insane
delusion, has the power to think and act in regard to it _reasonably_,
... that he is, in fact, bound to be reasonable in his unreason, sane
in his insanity.” Yet this was the doctrine laid down by the judges
in answer to certain questions propounded by the House of Lords after
the acquittal of MacNaughton (see Maudsley‘s _Responsibility in Mental
Disease_, pp. 88 _et seq._).
As laid down by English lawyers, madness absolves from all guilt in
criminal cases. Where the deprivation of the understanding and memory
is total, fixed, and permanent, it excuses all acts; so, likewise,
a man labouring under adventitious insanity is, during the frenzy,
entitled to the same indulgence, in the same degree, as one whose
disorder is fixed and permanent (Beverley‘s Case, Co. 125, Co. Litt.
247, 1 Hale 31). “But the difficulty in these cases is to distinguish
between a total aberration of intellect and a partial or temporary
delusion merely, notwithstanding which the patient may be capable of
discerning right from wrong; in which case he will be guilty in the eye
of the law, and amenable to punishment.”[17]
Public-domain text, read in full here on John Shaqi.
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