If the mind be overpowered by “grief, sickness, infirmity, or other
accident,” as Sir Mathew Hale expresses it, the law presumes the
existence of lunacy. Any passion that powerfully exercises the mind,
and prevents the reasoning faculty from performing its duty, causes
temporary derangement. It is not necessary in order to establish the
presence of insanity to prove the person to be labouring under a
delusion of intellect—a false creation of the mind. A man may allow
his imagination to dwell upon an idea until it acquires an unhealthy
ascendency over the intellect, and in this way a person may commit
suicide from an habitual belief in the justifiableness of the act.[87]
If a man, by a distorted process of reasoning, argues himself into a
conviction of the propriety of adopting a particular course of conduct,
without any reference to the necessary result of that train of thought,
it is certainly no evidence of his being in possession of a sound mind.
A person may reason himself into a belief that murder, under certain
circumstances not authorized by the law, is perfectly just and proper.
The circumstance of his allowing his mind to reason on the subject
is a _prima facie_ case against his sanity; at least it demonstrates
a great weakness of the moral constitution. A man’s _morale_ must be
in an imperfect state of development who reasons himself into the
conviction that self-murder is under any circumstances justifiable.
We dwell at some length on this subject, because we feel assured that
juries do not pay sufficient attention to the influence of passion in
overclouding the understanding. If the notion that in every case of
suicide the intellectual or moral faculties are perverted, be generally
received, it will at once do away with the verdict of _felo-de-se_.
Should the jury entertain a doubt as to the presence of derangement,
(and such cases may present themselves,) it is their duty, in
accordance with the well-known principle of British jurisprudence, to
give the person the benefit of that doubt; and thus a verdict of lunacy
may be conscientiously returned in every case of this description.
Having, we think, clearly established that no penal law can act
beneficially in preventing self-destruction,—first, because it would
punish the _innocent_ for the crimes of the _guilty_; and, secondly,
that, owing to insanity being present in every instance, the person
determined on suicide is indifferent as to the consequences of his
action,—it becomes our province to consider what are the legitimate
means of staying the progress of an offence that undermines the
foundation of society and social happiness.
Public-domain text, read in full here on John Shaqi.
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