By Dana Y. Rabin (auth.)
ISBN-10: 0230505090
ISBN-13: 9780230505094
ISBN-10: 134951716X
ISBN-13: 9781349517169
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Additional info for Identity, Crime, and Legal Responsibility in Eighteenth-Century England
Example text
77 However, the wording of 4 Jac. I, c. ’78 These phrases suggest the prejudice met by unsworn testimony and its dismissal by jurors and judges prior to the statute of 1702. Although a more trusting reception of defense witnesses could not have been immediate, it is safe to assume that the statute of 1702 increased the credibility of defense testimony if only because those who lied under oath would now face prosecution for perjury. With more credible witnesses on board, the stakes for devising more nuanced pleas rose again in the early eighteenth century.
Chapter 2 concludes with a section based on the writings of legal observers who commented on the abundance of the language of mental excuse and speculated on its possible impact on judicial outcomes. Chapter 3 surveys definitions of the self and sensibility that circulated in the eighteenth century and sets them beside pleas of drunkenness, necessity, passion, and compulsion introduced in court. In these cases defendants and witnesses employed the language of excuse to stretch the boundaries of the insanity defense far beyond any legal definition.
Within the study of the negotiation of mitigation I seek to explore further the scope of defendant agency, trace the cultural forces that shaped it, and assess its impact on the legal system. I argue that during the eighteenth century these traditional excuses were enriched by a vocabulary of mental incapacity that sought mitigation on the grounds that the defendant was not fully responsible when the crime was committed. This language of excuse was predicated on an admission of guilt, and it often attributed the crime to thoughts, emotions, or passions that overwhelmed the offender’s capacity for reason and self-control.