“It is possible,” replied Mr. Merton, “and therefore I do not say the
man was absolutely innocent. But we see he did struggle against the evil
thought, and twice successfully; and he yielded even at last only from
an impression, all but irresistible at the moment, and therefore he
cannot be said to have had the full possession of his freedom. In
proportion as his power of external resistance was diminished by the
impression, or the mysterious influence that acted on him, was
diminished his responsibility. He who yields only to a powerful
temptation, is less guilty than he who does the same deed under only a
slight or feeble temptation. The courts should take cognizance of the
strength of the impression under which the man acts, and take into the
account the more or less resistance that was possible. If the man
succumbs only after a long and severe struggle, that should go to
mitigate his guilt.
“Dr. Cazeauvielh relates the case of a woman who attempted to kill her
infant sleeping in the cradle. ‘I am,’ said she to the doctor, ‘the most
miserable of beings. Never was anybody like me. The other day I
approached the cradle, and I looked upon my darling. Fearing I should do
him harm, I went away to the house of my neighbor. Then, in spite of
myself, I returned, for _something_ seemed to push me. I went near my
infant, and attempted to choke it with my hands, but my legs failed me,
and I became senseless.’ This woman, Dr. Cazeauvielh tells us, loved her
relations and her child, and her intellectual faculties were not
injured. It is true he regards her as insane; but how can there be
insanity, with the full possession of the intellectual faculties? She
struggled against the _something_ that pushed her, and had a horror of
the crime; the law ought, therefore, to treat her with indulgence, yet
it does not, because there really is here no delirium. In the middle
ages, which you regard as so barbarous and cruel, she would not have
been held responsible, because her act would have been explained as the
result of a foreign power, which for the time being overcame her
resistance, and pushed her to do that for which she had a natural
horror.
Public-domain text, read in full here on John Shaqi.
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