The Criminal Prosecution and Capital Punishment of AnimalsEvans, E. P. (Edward Payson)
History
The Criminal Prosecution and Capital Punishment of Animals
Evans, E. P. (Edward Payson)
Animals -- Law and legislation -- History; Animals, Prosecution and punishment of -- History; Trials -- Europe
Those who look upon crime as a pathological phenomenon find a striking
illustration and strong confirmation of their views in violations of the
law committed under the impulse of hypnotic suggestion. Some maintain that
all acts originating in this manner are purely automatic, and acquit the
person performing them of all moral and legal responsibility, since they
express the will and purpose of the hypnotizer, who alone should be held
accountable. Others hold that the man, who consents to be hypnotized and
thus voluntarily surrenders his will-power and permits himself to be used
as an instrument for the perpetration of crime, should be punished for his
offences and not allowed to go scot-free by pleading the _force majeure_
of hypnotic suggestion. The liability to punishment, it is justly argued,
would be a safeguard to society by putting a wholesome and effective check
on hypnotic experimentations. There is at least no reason why the
hypnotized subject should not be called to account for accomplicity. Any
passion may become automatic and irresistible by long indulgence and
assiduous cultivation, so that the man is overmastered by it and cannot
help yielding to it under strong temptation; but the victim of a vicious
habit has no right to urge the force of an evil propensity in exculpation
of himself. The inborn or inveterate badness of a man’s character may
explain, but cannot excuse his bad conduct in the impartial and inexorable
eye of justice. So, too, he who sins against his own worthiness and
dignity as a rational being by choosing to annul his power of
self-determination as a voluntary agent and become a helpless tool in the
hands of another, ought not wholly to escape the consequences of his
folly. That the hypnotizer should be made fully responsible for the
realization of his suggestions, no representative of either the positive
or classical school of criminalists would probably deny. To take a man’s
life by means of hypnotic suggestion is as truly subornation to murder as
to hire an assassin to plunge a dagger into his heart.
Public-domain text, read in full here on John Shaqi.
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