tim when the crime is not
clearly defined as in "robbery," "burglary," "larceny" and the like.
Still it has been the general opinion of those who have studied crime
and influenced the passage of penal laws, that criminal statutes should
be clear and explicit so that all would know what they must not do. It
is obvious that if one is to be punished simply for doing wrong, there
could be no judges or juries or jailers condemning and punishing and no
crowds shouting for vengeance. All do wrong and do it over and over
again, and day by day. It is not only those specific things that the
great majority think are wrong, but the graver offenses that are meant
to be the subject of criminal codes. Of course, codes do not work out
this way in practice. In effect, they forbid the things that the
strongest forces of the community wish forbidden, things which may or
may not be the gravest and most anti-social acts, but which at least
seem to the strong to be most hostile to their interests and ruling
emotions.

XIX

MEDICAL EXPERTS

So long as the ordinary ideal of punishment prevails, a crime must
consist of an act coupled with an intent to do the thing, which probably
means an intent to do evil. This is no doubt the right interpretation of
intent, although cases can be found, generally of a minor grade, which
hold that evil intent is not necessary to the crime. Under the law as
generally laid down, insanity is a defense to crime when the insanity is
so far advanced as to blot out and obliterate the sense of right and
wrong or render the accused unable to choose the right and avoid the
wrong. Of course, legal definitions of scientific terms, processes, or
things, do not ordinarily show the highest wisdom. It is safe to say
that few judges or lawyers have ever been students of insanity, of the
relation of "will" to "conduct," or of other questions of science or
philosophy. Each man confines himself to his field of operation, and the
love of living does not induce him to go far from the matter in hand,
which to him means the base of supplies.

The insane are exempted from punishment for crime on the ground that
they are not able to prepare and attend to their cases when placed on
trial and on the further ground that their "free will" is destroyed by
disease or "something else," and therefore they could form no intent. In
another place I have tried to point out the fact that the acts of the
sane and the insane are moved by