SEARCH
0-9 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Prev | Current Page 298 | Next

Train, Arthur Cheney, 1875-1945

"Courts and Criminals"


This is manifest in frequent expressions from talesmen such
as: "I think the defence of insanity is played out," or "I
believe everybody is a little insane, anyhow" (very popular
and regarded by jurymen as witty), or "Well, I have an idea
that when a fellow can't cook up any other defence he claims
to be insane."
The result is a rather paradoxical situation: The attitude of
the ordinary jury in a homicide case, where the defence of
insanity is interposed, is usually at the outset one of
distrust, and their impulse is to brush the claim aside. This
tendency is strengthened by the legal presumption, which the
prosecutor invariably calls to their attention, that the
defendant is sane. Every expert who has testified for the
defence in the ordinary "knock down and drag out" homicide
case must have felt with the prisoner's attorneys, that it was
"up to them" not so much to create a doubt of the defendant's
sanity as to prove that he was insane, if they expected
consideration from the jury.


Pages:
286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310