During that time, in spite of the fact that
the law has lagged far behind science in the march of
progress, we have blundered along expecting our juries to
reach substantial justice by dealing with each individual
accused as most appeals to their enlightened common sense.
And the fact that they have obeyed their common sense rather
than the law is the only reason why our present antiquated and
unsatisfactory test of who shall be and who shall not be held
"responsible" in the eyes of the law remains untouched upon
the statute-books. Because its inadequacy is so apparent, and
because no experienced person seriously expects juries to
apply it consistently, it fairly deserves first place in any
discussion of present problems.
Thanks to human sympathy, the law governing insanity has had
comparatively few victims, but the fact remains that more than
one irresponsible insane man has swung miserably from the
scaffold. But "hard cases" do more than "make bad law," they
make lawlessness.
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