Papers Read Before the Medico-Legal Society of New York, From Its Organization
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It seems to me these objects are as follows : 1. To facihtate the end of justice by preventing the plea of insanity from being brought forward as a piece of legal strategy; 2. To save unnecessary waste of time and 272 PliEA OP INSANITY means by overruling tlie necessity for a trial where the plea of insanity is substantiated.
The question may, however, be put, whether it is desirable that the defence should be deprived of the privilege of encum- bering the proceedings of a criminal trial with t...he plea of insanity merely for the sake of economy, and of the end of justice. The answer depends in great measure on the view we take of the purpose of a trial. If it be the purpose of a trial to facUitate the acquittal of the prisoner, the plea of insanity should be urged in all cases by any imaginable means admitting it, for this is the surest way of procuring an acquittal.
Again, if it be the purpose of a trial to insure the condemna- tion of the prisoner, this plea should be unconditionally ex- cluded.
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To quickly assess the difficulty of the text, read a short excerpt:
It seems to me these objects are as follows : 1. To facihtate the end of justice by preventing the plea of insanity from being brought forward as a piece of legal strategy; 2. To save unnecessary waste of time and 272 PliEA OP INSANITY means by overruling tlie necessity for a trial where the plea of insanity is substantiated.
The question may, however, be put, whether it is desirable that the defence should be deprived of the privilege of encum- bering the proceedings of a criminal trial with t...he plea of insanity merely for the sake of economy, and of the end of justice. The answer depends in great measure on the view we take of the purpose of a trial. If it be the purpose of a trial to facUitate the acquittal of the prisoner, the plea of insanity should be urged in all cases by any imaginable means admitting it, for this is the surest way of procuring an acquittal.
Again, if it be the purpose of a trial to insure the condemna- tion of the prisoner, this plea should be unconditionally ex- cluded.
What to read after Papers Read Before the Medico-Legal Society of New York, From Its Organization?
You can find similar books in the "Read Also" column, or choose other free books by Medico-Legal Society of New York to read onlineMoreLess
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