The Insanity of Assassins
T lawyers
selected to defend the assassin of President McKinley had a hard
task. It was easy for them to defend themselves for undertaking
it; it was necessary for the decent administration of law that they
should. But they made no very vigorous attempt to defend the assassin.
The only pretense of a defense they made was to ask of the jury
to consider whether a sane man could be guilty of such an atrocious
crime. They must decide whether so great a criminal is not necessarily
no criminal at all, only insane. [2663][2664]
Before the trial the assassin was
carefully examined by physicians skilled in all forms of insanity,
and they agreed that he was not insane. It might be said, or imagined,
to be sure, that the universal indignation at the crime had perhaps
made the experts too willing to represent the mental condition of
the accused such that he should not escape punishment; and accordingly
it has been a great satisfaction to know that the autopsy showed
no brain lesion, but that every organ was normal, and indicated
absolute good health and mental sanity. No wrong had been done to
the man under the law. He was a fit candidate for capital punishment.
And yet the question will arise in
some minds, and that, too, among men of culture and learning—perhaps
especially among them, because they try most to separate and distinguish—whether
a man with such a fixed, false belief of duty is really sane. Let
us once more consider the case of this Czolgosz.
In the first case we have a man of
sound brain and fair mental capacity. The State of Michigan allows
him to grow up illiterate. Here falls the first responsibility.
He has a fairly quick intelligence. He thinks about the conditions
of society. He is not wholly absorbed in getting his own bread and
butter. He is thrown in with a class of active disseminators of
the doctrines of anarchism. They declare that society is cruelly
organized, that governments are robbing the many to enrich the few;
that legislators and laws, that courts and trials, are all controlled
by the few that they may oppress the many; that rulers, Kings and
Presidents, are but the tools and creatures by whom wicked wealth
grinds the poor, and that such oppressors have no right to live.
This is the doctrine he heard from the lips of Emma Goldman and
bands of anarchists whose meetings he frequented. He saw the same
thing in the cartoons of popular papers. He believed what they said,
believed it fully, believed it consistently, which means that he
believed it genuinely enough to attempt to carry out its doctrines
into action. His last words, his final refusal to see a priest,
all agree with the conclusion that he honestly believed that he
was doing a service to society and to the world by putting out of
the way the man who represented cruel law, and who was, as speech
and picture had assured him, the instrument by whom the combinations
of wealth oppressed poor Labor. It was a full, honest belief that
by assassinating the President he would benefit the world.
The first question then is this: Is
a false belief a proof of insanity? The second question: Is a false
belief a just bar to punishment?
If a false belief is an evidence of
insanity, then we are all partially insane, for we all have false
beliefs. The whole world was then insane when it believed that the
sun revolved about the earth. Then all worshipers of false gods,
or followers of false religions are insane. It is evident that the
erroneousness of one’s belief is no evidence of insanity.
Nor is it any such evidence of insanity
that one’s belief contradicts the general belief of the community.
In that case every reformer is insane. Then we are making men insane
when we seek to convert the heathen to Christianity. Then Brigham
Young would have been sane in Utah, but insane in Illinois.
It makes no difference how monstrous
one’s belief may be; it may yet be the belief of a sane man. One’s
belief depends on his surroundings and the teachings he has received.
One grows up naturally to believe in polygamy in Morocco, and it
was perfectly natural that Czolgosz, associating only with anarchists,
listening only to their arguments and ravings, should accept their
belief. If any one confines his reading to one side of a question
he will surely accept that side. One who looks only on the silver
side of a shield believes it all silver, and his belief is not insanity.
Probably we all have some false beliefs of that sort. Plenty of
sane people, from their reading and hearing, believe that Chinese
and negroes and Indians have few rights that white men are bound
to respect. They are mistaken, not insane.
We say that the monstrousness of one’s
belief does not prove him insane. There still exist in India the
remains of a religious sect called Thugs. Less than a century ago
they numbered thousands of members. They were worshipers of the
goddess Kali, and it was their [2664][2665]
belief that they should murder inoffensive people in honor of Kali.
They had their rules and rites of murder, handed down from father
to son. They worked in bands, and under all possible disguises ingratiated
themselves into the confidence of travelers, and then strangled
and buried them. Their victims numbered not less than thirty thousand
a year. The British officers, who suppressed them, or have nearly
done so, declared that many of them were gentlemen of conscientious
life, cultivated and eminently respectable, who fully believed they
were doing their duty, as they had been taught their religion from
infancy. Some of them had the record of hundreds of murders. But
they were not insane; they were simply victims of an erroneous belief
as to duty. To them the sacrifice of travelers to Kali was as meritorious
as was the work of the man who operated the fatal battery at Auburn
Prison; and Czolgosz equally believed that he was doing his duty,
for he had been so taught.
Then should such a man, not insane,
but who commits a crime believing it to be a virtuous act, ignorant,
blundering; vain, conceited, ambitious, perhaps; should such a man
be punished?
Certainly; he expected it, and he
should not be disappointed. Whether he should be punished depends
on the idea we have of the main purpose of punishment. If its main
purpose is to benefit and reform the criminal, then he should not
be punished, but should simply be put where he can be instructed
and learn better ideas, and be kept meanwhile out of mischief. If,
on the other hand, the chief purpose of punishment is to protect
the community, then, if that is the best way to protect the community,
a conscientious, community-loving assassin should be executed. It
makes no difference how honest he may be in his belief. He may be
as earnest as the worshipers of Kali; the more earnest and conscientious
the more dangerous he is, and the more needful it is to punish him;
not that the very few men as earnest and as willing to immolate
themselves will be restrained thereby, but that men, much more numerous,
with less martyr spirit, may be deterred from making an attack on
society. The plea of insanity should not save them.
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