Law Notes Volume 5 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 Excerpt: ...tho disadvantages ho will suffer by reason of the punishment attached to it, he of course still remains responsible. But if his inability to perceive that tho very ground for following any particular act with punishment is because it ought not to be dono proceeds from a defect of mental capacity, then he cannot rightly be held to bo responsible. Thus, in HadficltVs case, the prisoner was charged with high treason in shooting at King Georgo III., and ho admitted that he was aware that he was committing a crime, and avowed that tho knowledge of the illegality of his act was tho very reason why ho did it, for he was tired of lifo and wanted to get rid of it: he wanted to bo hanged. He knew ho should be punished, but ho did not see that the very fact that a punishment was prescribed ought to have deterred him from doing tho act. Hero Hadfield was acquitted on the ground of insanity. It seems, then, there is another necessary ingrodient in responsibility besides the mere knowledge that the act is punishable, and therefore should be refrained from, and this is, that the mind must bo in such a condition that it can bo swayed by self-interest. Tho intellect must be in a fit condition to perceive that the act, though it may be followed by very desirable advantages, will also be accompanied by liability to certain penalties: the judgment must be capable of weighing the advantages against tho penalties; and there must exist that common sentiment of all men, which, arising in self-love and the natural tendency to prefer what is pleasant to what is painful, bids tho man refrain from tho act contemplated, if tho penalties attached to its commission on. the whole swamp the benefits likely to be derived, and tho preponderating balance will result in pain. A sane man, who k...