Hostname: page-component-78c5997874-v9fdk Total loading time: 0 Render date: 2024-11-19T23:29:46.686Z Has data issue: false hasContentIssue false

The Measure of Individual and Social Responsibility in Criminal Cases

Published online by Cambridge University Press:  19 February 2018

Dav. Nicolson*
Affiliation:
State Criminal Lunatic Asylum, Broadmoor; H.M. Convict Prison, Portsmouth

Extract

In the absence of all medical testimony, opinion respecting the man's mental condition during the period in question must be based upon the ordinary evidence brought forward at the inquest. And it so happens that, notwithstanding the remarkable finding of the jury, the conclusion at which most people would arrive, after perusing the evidence and the in coherent statement found in the handwriting of the deceased, insonsi-mprpolfeesseionnoaulgh, opiannidon.quitTehuws, iththine “the DeailsycoTpeeleogfrapohrd,” inaryin reference to the case, relates the circumstances and the evi dence, and then says : “After all this, it is impossible to avoid the conclusion that the assailant of Mr. Hamburger was not altogether responsible for his actions. We may even go further, and say, although the jury were of the opinion tmhiantd, thethreat wtahse nodeceevaisdeedncewatos sdheocwidedwlyhat inwsaanse” his wshtaetne hoef attempted to murder Mr. Hamburger. It is sufficient for my present purpose to affirm the correctness of the opinion here qiioted from a lay paper, without entering into such details of the evidence as might be taken either for or against that opinion.

Type
Part I.—Original Articles
Copyright
Copyright © Royal College of Psychiatrists, 1878

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

For further observations on this subject, see articles by Drs. Lockhart Robertson and Duckworth Williams in Numbers 48 and 56, Vols. ix. and zi. of “Journal of Mental Science.”>>Google Scholar

* Longmans : 1st Edition, 1868.>>Google Scholar

* It has been remarked that, while “the intrinsic weight of this opinion can scarcely be over-estimated,” the phraseology of it is “not marked with the nsnal lucidity and precision of the writer.” Query; would the meaning of · the last clause be made more clear if it ended thus—“essential element of consideration in the question of responsibility” ?>>Google Scholar

* “Insanity in its Legal Relations.”—a Lancet,“April 13th to Mav 11th. t The Present Relation of Insanity to the Criminal Law of England.—”Brit. Med. Journal/' Oct.» 1877.>' href=https://scholar.google.com/scholar?q=“Insanity+in+its+Legal+Relations.”—a+Lancet,“April+13th+to+Mav+11th.+t+The+Present+Relation+of+Insanity+to+the+Criminal+Law+of+England.—”Brit.+Med.+Journal/'+Oct.»+1877.>>Google Scholar

Submit a response

eLetters

No eLetters have been published for this article.