Salt Lake Telegram | 1935-11-06 | Page 4 | Rationalism and the Law

Rationalism and the Law LawA AMERICANS A AMERICANS seem to divide themselves into Li i- i two classes one that holds the letter of the law almost holy and not to be departed from one iota while the other either regards it as something to govern the conduct of others or to tobe tobe tobe be followed or not as fits the occasion Fortunately Fortunately For For- in between these two extremes is a great group which looks at matters mallers realistically and is willing and eager to have the law keep up with the times The laws dealing with the cr insanity defense have for so long been recognized as shot through with defects that lawyers and laymen alike sense the immediate need for overhauling overhaul overhaul- ing them Bar lIar associations increasingly are giving attention to the subject and in time perhaps rationalism may may be b built into laws that now permit altogether too many murderers murder murder- ers to escape just penalties and deprive society of security it is entitled to claim The average man began to wake up to the possibilities of cheating the law when the brainstorm plea was entered in behalf of Harry Thaw Since then there has been abundant opportunity to appraise the menace that comes with too loo great willingness on the part of j juries ries to free criminals criminals criminals crim crim- with a cleverly erect erected d insanity defense In Chicago the other day a killer was on trial Defense alienists represented to the jury of laymen that the accused suffered from a circular depression he he was all right most of the time but every now and then an emotional emotional emotional emo emo- shock would throw him of off his base It was ivas pleaded that he had committed his crime 3 j while suffering one of these depressions and therefore should be acquitted If acquitted he would have been turned loose He would have been found sane in an in insanity insanity insanity in- in sanity proceeding unless it happened that he was taken laken up and brought into court while under the spell of this periodic derangement It would seem then that instead of being ground for acquittal defense counsel was in reality presenting the strongest possible argument argument ment for holding and restraining the man Or do some lawyers alienists and sociologists be believe believe believe be- be lieve that people generally must take the risk that they will win be out of range lange when a periodically periodically periodically cally psychotic individual starts shooting and that they must also risk that such individuals will bring more of their kind into the world The man or woman who cannot stand up i under emotional strains without flying off the handle and into a murderous dementia ought to be kept where he can do no harm either to himself or to others In time perhaps science will perfect some such therapy as was spoken of the other day da by Dr Charles H. H Mayo and with which Dr Alfred W. W Adson of the Unit University Uni Uni- t of Minnesota is said to h have ve had miraculous miraculous miraculous mirac mirac- ulous results Until that time though we should insist that courts ac act within proper limits limits limits lim lim- its to keep dangerous persons from roaming at large and that the legal profession use its Utmost ut utmost utmost ut- ut most efforts to keep crafty and unscrupulous lawyers from overworking the insanity defense