what they are, is a
matter for the consideration of physiologists; and a most important
matter it is, for a high temperature does not merely lead to offences
against the law, it also injuriously affects the conduct of children
in schools, of soldiers in the army, of workmen in factories, and of
the public generally in their relations with one another. While it is
the task of physiologists to examine the physical aspects of the
anti-social tendencies developed by variations of temperature, it is
the duty of all persons placed in positions of authority to recognise
their existence; and to recognise their existence not merely in
others, but also in themselves. It is, unfortunately, not seldom true
that justice is not administered so wisely and patiently in the
burning summer heat as it is at other times. In adjudicating on
criminal cases in the sultry weather, magistrates and judges would do
well to remember that cosmical influences are not without their effect
on human judgments, and that precipitate decisions, or decisions based
upon momentary irritation, or decisions, the severity of which they
may afterwards regret, are to some extent the result of those
influences. The same caution is applicable to those who have to deal
with convicted men; it should be remembered by them that in summer
their tempers are more easily tried, while they have at the same time
more to try them; and the knowledge of these facts should keep them on
the alert against themselves.

While increased temperature undoubtedly decreases personal
responsibility, it is a most difficult matter to decide whether this
factor ought to be taken into consideration when passing sentence on
criminal offenders. It is much more truly an extenuating circumstance
than the majority of pleas which receive the name. In a variety of
cases, such, for instance, as threats, assaults, manslaughter, murder,
a high temperature unquestionably sometimes enters as a determining
factor into the complex set of influences which produce these crimes.
But the first difficulty confronting a judge, who endeavours to take
such a factor into account, will he the difficulty of discovering
whether it was present or not in the individual case he has before
him. In reply to this objection it may be urged, and urged too with
considerable truth, that this hindrance is not insuperable. It is
possible to overcome it by noting whether the case in question stands
alone, or whether it is only o