The psychology of the criminal / by M. Hamblin Smith.

  • Maurice Hamblin Smith
Date:
1933
Catalogue details

Licence: In copyright

Credit: The psychology of the criminal / by M. Hamblin Smith. Source: Wellcome Collection.

    23/208 page 11
    the “ newer psychology ” was not yet in existence : nothing was known of psycho-analysis.1 It may be that in a few years’ time it will be possible to produce some improved definition. Meanwhile other attempts have been made in this direction. Balfour Browne gave as a definition of responsibility: “A knowledge that certain acts are permitted by law and that certain acts are contrary to law, and combined with this knowledge the power to appreciate and be moved by the ordinary motives which influence the actions of mankind.” Sir James Stephen gave as his opinion that the law is as fol¬ lows : “No act is a crime if the person who does it is at the time when it is done prevented [either by defective mental power or] by disease affecting his mind : (a) From knowing the nature and quality of his act, or (b) From knowing that the act is wrong, [or (c) From controlling his own conduct, unless the absence of the power of control has been produced by his own default]. But an act may be a crime although the mind of the person who does it is affected by disease, if such disease does not in fact produce upon his mind one or other of the effects above mentioned in reference to that act.”2 Stephen considers that the words enclosed in square brackets are doubtful. The French Penal Code lays down that: “ There can be no crime or offence (delit) if the accused was in a state of madness at the time of the act.” The statutes of the State of New York enact that: “No act done by a person in a state of insanity can be punished as an offence.” Both the latter are practical definitions. But it may be objected, what is a state of madness or a state of insanity ? Any number of different standards of such states may be set up. Insanity has never been defined legally. And no even tolerable medical definition has ever been given. But we must have some rules. And the present author, very tentatively, proposes as a practical definition as 1 See Appendix I. 2 op cit.
    digitised image 1
    digitised image 2
    digitised image 3