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The Origin of Insanity as a Special Verdict: The Trial for Treason of James Hadfield (1800)

Published online by Cambridge University Press:  02 July 2024

Richard Moran
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Abstract

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The pivotal case in the history of the plea of insanity occurred in London during the reign of George III. In the year 1800, James Hadfield discharged a horse pistol at the king as he entered the royal box at Drury Lane Theatre. Hadfield pleaded insanity to a charge of high treason and was acquitted. The verdict caused much judicial concern, for the law's power over him was at best unclear. Hadfield was taken to Newgate Prison while Parliament hastily passed the Criminal Lunatics Act of 1800, which enabled the government to detain Hadfield for the rest of his life. No longer was a defendant found not guilty on the grounds of insanity entitled to a general acquittal. Insanity became a special verdict linked with automatic confinement for an indefinite period of time. Three other provisions of the act called for the detention of mentally ill persons who were arrested for criminal offenses or found in circumstances that suggested criminal activity.

Type
Research Article
Information
Law & Society Review , Volume 19 , Issue 3 , 1985 , pp. 487 - 519
Copyright
Copyright © 1985 by The Law and Society Association

Footnotes

*

Research for this article was conducted while I was a Visiting Scholar at the Institute of Criminology, Cambridge University. Revisions were undertaken while I was a Fellow at Harvard Law School. Special thanks to Nigel Walker, Institute of Criminology, and Stephen White, University College, Cardiff, for their helpful comments.

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