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