The Pennsylvania Journal of Prison Discipline and Philanthropy (Vol. VII, No. III, July 1852)Philadelphia Society for Alleviating the Miseries of Public Prisons
Science
The Pennsylvania Journal of Prison Discipline and Philanthropy (Vol. VII, No. III, July 1852)
Philadelphia Society for Alleviating the Miseries of Public Prisons
Charities -- Periodicals; Prisons -- Periodicals
There is also a considerable difference of opinion, not only as to the
classes of lunatics which the proposed asylum should receive, but also
as to the name both of place and patients. Some would call it the State
asylum, and would open it to all criminal offenders of every station
and degree, who are exempted from the penalties of the law on the
ground of insanity. Of course it would have the character of a general,
and not of a pauper asylum, so as to afford superior accommodation for
those who could afford to pay. Others would confine the use of such
an asylum to the detention and treatment of all lunatics of criminal
disposition, whether they have actually committed a crime or not.
Some would completely separate criminals who have become insane after
conviction, from those who have committed crimes under the influence
of insanity--the former, of whom only would be properly called insane
convicts. The distinction is obvious, viz., that an insane person
cannot become a convict, though a convict may become insane. Others
would make no distinction, but would put “all lunatics detained under
warrant from the government, on the same footing.”
The discussion of the matter has awakened parliamentary inquiry. On
the 18th of March last, in the House of Lords, the Earl of Shaftsbury
moved an address to the Crown, touching “the expediency of establishing
a State asylum for the care and custody of those who are denominated
criminal lunatics,” and he adduced several facts, to show the
inexpediency of detaining criminal lunatics in the same asylum with
other patients.
The Earl of Derby thought any movement in this direction would be
premature, as a revision of the whole subject was needful, before it
could be determined what new legislation would be expedient.
Lord Cranworth said, that nothing could be more mischievous than mixing
criminal lunatics with other lunatics; and he also contended that the
question of lunacy in criminal prosecutions, should not be determined
by juries; but that the only point for them to decide, should be the
fact--guilty, or not guilty--leaving the question of sanity to be
inquired into before another tribunal, the constitution of which he was
not then prepared to define.
On an assurance from Lord Derby that the subject should receive
deliberate consideration, the motion was withdrawn.
As it seems unlikely that any provision will be presently made in
our State Hospital, either for convicts who become insane, or who
manifest insanity after they are received, or for those who were
insane when received, but were committed as convicts, or for those who
are committed for safe keeping merely, or as lunatics with criminal
intentions, or propensities, we will venture to suggest a more minute
classification of the register of prisoners, and some specific
recognition of these classes in the arrangements of the Eastern
Penitentiary.
Public-domain text, read in full here on John Shaqi.
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