The Pennsylvania Journal of Prison Discipline and Philanthropy (Vol. VIII, No. II, April 1853) — John Shaqi
The Pennsylvania Journal of Prison Discipline and Philanthropy (Vol. VIII, No. II, April 1853)Philadelphia Society for Alleviating the Miseries of Public Prisons
Religion
The Pennsylvania Journal of Prison Discipline and Philanthropy (Vol. VIII, No. II, April 1853)
Philadelphia Society for Alleviating the Miseries of Public Prisons
Charities -- Periodicals; Prisons -- Periodicals
In the recent report of the Inspectors of the Eastern State
Penitentiary, cases are mentioned of prisoners who were clearly insane
when first sentenced to the Penitentiary. How this fact was proved
in any case, does not appear. The question would be relieved of much
embarrassment if it did. But the report hazards another and much graver
remark, viz: that the "experience and observation" (of the Inspectors)
"have convinced them that the commission of crime is more frequently
connected with mental disease than courts or juries suspect." We had
supposed that the danger, if any, was in the opposite direction. It
must be very rare, we apprehend, that the plea of insanity is not
urged where there is the slightest pretence to sustain it. And courts
and juries, in our country at least, have been regarded as quite
sufficiently indulgent towards it whenever it is urged.
It is scarcely safe, as it seems to us, after conviction by due course
of law, to go behind the proceedings and attempt to avert their
legitimate consequences by alleging the existence of a fact which
should have stayed them entirely. That property is taken, mischief
committed, and violent deeds done by persons of insane mind and of
course irresponsible for their acts, we all know; but these acts are
not offences, nor are the perpetrators of them offenders, nor can they,
by any process of law, be turned into convicts. Yet the time to show
this (if it is not plainly apparent) is when they are arrested for such
acts, and their state of mind is relied on to exempt them from any
responsibility. If it is not shown then, it is our duty (in ordinary
circumstances) forever after to hold our peace.
It is not our province to vindicate the established tribunals of the
country from the charge of "presumption" or "inhumanity," when they
direct a maniac, who, in a paroxysm of his malady, has taken the
life of his wife or his friend, to be confined within the cells of a
penitentiary as one dangerous to society. But we suppose the community
has a claim to be protected against the violence of the lawless,
whether they are rendered so by the visitation of God or by the
indulgence of depraved and malevolent passions.
That this protection can be made sure by existing arrangements in our
State Hospital, or that adequate provision can be made therein without
injuriously affecting the interests of third parties, we are not
prepared to say. But we are well persuaded that proper provision for
all classes of convicts, whatever their physical or mental condition,
can be made in either of our State Penitentiaries; and we shall not
cease to consider those institutions very imperfectly constructed or
organized, so long as such provision is not made within their walls.
Before our readers pronounce judgment on these views, we trust they
will take sober thought and established facts into their counsels.
Public-domain text, read in full here on John Shaqi.
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