Thomas S. Szasz on the Insanity Defense

On January 20, 1843, Daniel M’Naghten shot and killed Edward Drummond, private secretary to Sir Robert Peel, the Prime Minister, whom M’Naghten had intended to kill. On March 4, M’Naghten was “acquitted” of the charge of murder. In his final instruction to the jury, Lord Chief Justice Tindal spoke as follows: “I have undoubtedly been very much struck, and so have my learned brethren, by the evidence we have heard during the evening from the medical persons who have been examined as to the state of mind of the unhappy prisoner—for unhappy I must call him in reference to his state of mind. If you think you ought to hear the evidence more fully, in that case I will state it to you, and leave the case in your hands. Probably, however, sufficient has now been laid before you, and you will say whether you want any further information.”

The foreman of the jury took the hint and replied: “We require no more, my Lord.” Whereupon the Lord Chief Justice added for further emphasis: “If you find the prisoner not guilty, say on the ground of insanity, . . . proper care [sic] will be taken care of him.” The jury then pronounced M’Naghten “not guilty, on the ground of insanity.”

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Thomas S. Szasz

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On January 20, 1843, Daniel M’Naghten shot and killed Edward Drummond, private secretary to Sir Robert Peel, the Prime Minister, whom M’Naghten had intended to kill. On March 4, M’Naghten was “acquitted” of the charge of murder. In his final instruction to the jury, Lord Chief Justice Tindal spoke as follows: “I have undoubtedly been very much struck, and so have my learned brethren, by the evidence we have heard during the evening from the medical persons who have been examined as to the state of mind of the unhappy prisoner—for unhappy I must call him in reference to his state of mind. If you think you ought to hear the evidence more fully, in that case I will state it to you, and leave the case in your hands. Probably, however, sufficient has now been laid before you, and you will say whether you want any further information.”

The foreman of the jury took the hint and replied: “We require no more, my Lord.” Whereupon the Lord Chief Justice added for further emphasis: “If you find the prisoner not guilty, say on the ground of insanity, . . . proper care [sic] will be taken care of him.” The jury then pronounced M’Naghten “not guilty, on the ground of insanity.”