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
=Somnambulist, &c.=--This is an abnormal mental state, closely
allied to that artificially produced and known under the names of
mesmerism, hypnotism, electro-biology, &c. It is commonly known as
“sleep-walking.” In this condition the mind appears to become enslaved
by one train of ideas to the exclusion of all others; the somnambulist,
thus deeply bent on the accomplishment of a definite end, takes no heed
of those objects which are in no way connected with the dominant ideas
in his mind. Hence, he walks safely past dangers which, when awake,
would disconcert his judgment and weaken his will. Somnambulism appears
also to be closely connected with epilepsy. In 1878, a man named
Fraser was tried in Glasgow for the murder of his child by beating it
against the wall. He was acquitted on the ground of being unconscious
of the nature of his act by reason of somnambulism. He had sprung
from an epileptic and insane stock; his mother died in an epileptic
fit, and some of his other relatives were insane. Thus it appears,
if the somnambulism be proved, the accused is exonerated from any
responsibility connected with the act for which he is being tried. So
also, if a person be suddenly aroused from a deep sleep--_somnolentia_
or _sleep-drunkenness_--the question may be raised as to his
responsibility for an act committed at the moment of awakening (R. _v._
Milligan). There cannot be a doubt but that if a person be suddenly
aroused whilst dreaming, he may unconsciously commit acts, the outcome
of his dream, which, unless the possibility of this condition be
recognised, may entail severe punishment on him. This state is closely
allied to that mental condition which sometimes occurs in epileptics
immediately after a fit. But in this, as in cases of somnambulism, the
facts of the case would have to be most carefully scrutinised.
The following hints may be of use as a guide in determining the
responsibility or not of the accused:--
1. The person must be shown to have a general tendency to
deep and heavy sleep, out of which he can only be aroused
by a violent and convulsive effort.
2. Are there any circumstances which, happening before
the individual went to sleep, would produce a train of
disturbed thought not entirely composed by sleep?
3. Did the act occur during the usual hours for sleep?
4. Was the cause of the awakening sudden, and does the act
bear throughout the character of unconsciousness?
5. What were the subsequent acts of the accused in relation
to the deed? Did he try to evade responsibility? This
must not have too much stress laid upon it, for the
wretchedness of the sudden discovery may so overcome him,
that he may seek to shelter himself from the consequences
of an act for which he is legally but not morally
responsible.
THE RESTRAINT OF THE INSANE AND DIRECTIONS FOR SIGNING MEDICAL
CERTIFICATES.
Public-domain text, read in full here on John Shaqi.
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