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
According to English law a man is irresponsibly insane, when he has “such
defect of reason from disease of the mind as not to know the nature and
quality of the act he was doing, or, if he did know it, that he did not
know he was doing what was wrong.” This definition is very incomplete and
covers only the most obvious forms of insanity; perhaps in the great
majority of cases there is no “defect of reason” nor “disease of mind” in
the proper sense of these terms, but only a disturbance of the emotions or
perversion of the will originating in physical disorder. Besides, it is
undeniable that animal intelligence is capable of distinguishing between
right and wrong and of comprehending what is punishable and what is not
punishable. In general when a dog does wrong, he knows that he is doing
wrong; and a monkey often takes delight in doing what is wrong simply
because he knows it is wrong. If a monkey gets angry and kills a child, he
obeys the same vicious propensity that impels a brutal man to commit
murder. There is no greater “defect of reason” in one case than in the
other. Why then should the monkey be summarily shot or knocked on the
head, and the man arrested, tried, convicted and hanged by the constituted
authorities? Simply because such a public prosecution and execution would
not exert any influence whatever in preventing infanticide on the part of
other monkeys; if it could be shown that a formal trial of the monkey
would produce this salutary effect, then it certainly ought not to be
omitted. The recent attempt to modify the English law so as to render all
“certifiably insane” persons irresponsible for their actions, would result
in the abolition of all punishment for crime, since many physicians regard
every criminal as insane and would not hesitate to certify their opinion
to the proper tribunal.
Public-domain text, read in full here on John Shaqi.
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