A New Crime. Legislation Needed
The work critiques the legal system's handling of insanity defenses in criminal cases, illustrating how individuals with wealth and social status exploit the concept of insanity to evade justice. It presents several case studies, including Baldwin, who repeatedly committed murder during episodes of insanity, and Hackett, who killed a man in a fit of rage but was acquitted due to claims of hereditary insanity. The narrative highlights the absurdity of the insanity plea, suggesting that it has become a common and trivial defense, often leading to acquittals for those who would otherwise face severe punishment. The author contrasts these cases with instances where individuals were not afforded the same leniency, such as the servant girl who committed a brutal murder without any claims of insanity and was promptly executed. This inconsistency raises questions about the fairness of the legal system and the societal perceptions of insanity. The text argues that the prevalence of the insanity defense undermines the seriousness of actual mental illness and suggests that the focus should shift from criminal behavior to addressing the underlying issues of insanity itself. The work concludes with a provocative assertion that society should consider enacting legislation against insanity rather than merely addressing criminal acts, implying that the true danger lies in the misuse of the insanity defense by those who can afford to manipulate the system. The overall tone is critical of the legal and societal norms that allow such disparities in justice, calling for a reevaluation of how insanity is perceived and treated within the context of crime.
By Mark Twain · First published 1867 · Genre: Satire, Social Commentary, Non-fiction · 1,902 words
First lines
This country, during the last thirty or forty years, has produced some of the most remarkable cases of insanity of which there is any mention in history. For instance, there was the Baldwin case, in Ohio, twenty-two years ago. Baldwin, from his boyhood up, had been of a vindictive, malignant, quarrelsome nature. He put a boy's eye out once, and never was heard upon any occasion to utter a regret for it. He did many such things. But at last he did something that was serious. He called at a house just after dark one evening, knocked, and when the occupant came to the door, shot him dead, and then tried to escape, but was captured. Two days before, he had wantonly insulted a helpless cripple, and the man he afterward took swift vengeance upon with an assassin bullet had knocked him down. Such was the Baldwin case. The trial was long and exciting; the community was fearfully wrought up. Men said this spiteful, bad-hearted villain had caused grief enough in his time, and now he should satisfy the law. But they were mistaken; Baldwin was insane when he did the deed -- they had not thought of that. By the argument of counsel it was shown that at half past ten in the morning on the day of the murder, Baldwin became insane, and remained so for eleven hours and a half exactly. This just covered the case comfortably, and he was acquitted. Thus, if an unthinking and excited community had been listened to instead of the arguments of counsel, a poor crazy creature would have been held to a fearful responsibility for a mere freak of madness. Baldwin went clear, and although his relatives and friends were naturally incensed against the community for their injurious suspicions and remarks, they said let it go for this time, and did not prosecute. The Baldwins were very wealthy. This same Baldwin had momentary fits of insanity twice afterward, and on both occasions killed people he had grudges against.
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A New Crime. Legislation Needed is listed on Textopian as an essay by Mark Twain, dated 1867 CE.
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- Work type: Essay
- Author: Mark Twain
- Date: 1867 CE
- Language: English
- Genres: Satire, Social Commentary, Non-fiction, Tragedy, Legal Drama
- Length: 1,902 words
- Structure: 1 section, 11 paragraphs
- Reading fit: Fairly Difficult (10th-12th Grade)
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Discussion starters
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Genres
- Satire — The book critiques societal attitudes towards crime and insanity, using humor and irony to highlight absurdities in the legal system.
- Social Commentary — It addresses issues of justice, privilege, and the perception of insanity in society, reflecting on moral and ethical implications.
- Non-fiction — The work presents real cases and arguments related to crime and insanity, aiming to inform and provoke thought.
- Tragedy — The narratives of crime and the consequences faced by victims and perpetrators evoke a sense of tragedy.
Tags
Social Commentary · Satire · Crime Fiction · American Literature · 19th Century Literature · Humor · Politics · Law and Order · Justice System · Society Critique · Morality · Ethics