MENTAL INHIBITION, OR SELF CONTROL; AND ITS RELATION TO LEGAL RESPONSIBILITY. THE TENTH ANNUAL ADDRESS BEFORE THE AMSTERDAM MEDICAL SOCIETY, BY I . ( CHARLES STOVER, M. D., JANUARY 8tn, 1895 AMSTERDAM, N. Y. MENTAL INHIBITION, OR SELF CONTROL; AND ITS RELATION TO LEGAL RESPONSIBILITY. At the outset, let us examine upon what basis the doctrine of inhibition rests. The physiologist has determined that the functions of different organs of the body are subjected to two op- posing influences, transmitted along different nerve tracts from special ganglia. These latter have been called the inhibitory and accelerator centers. Inhibitory influence upon the circulatory system is observed in the act of fainting, whereby the blood ves- sels are narrowed to such a degree that the normal blood supply to the brain is reduced and paleness of the surface and even faint- ing result. The opposite condition is seen in the flushing of the face by an emotion, as of rage or of shame, when the blood mounts to the surface, and the blood vessels are dilated to the verge of paralysis. Perhaps everyone in his own person is fa- miliar with a disturbance of the heart's action, at one time a vio- lent palpitation that may excite his apprehension, and at another time an irregular slowing or skipping of the regular beat. Here are again shown the opposing forces of acceleration and inhibi- tion. So too we have observed the inhibitory action of mental worry in arresting normal digestion. A meal may remain in the stomach not only a few hours, but even for a day and the func- tions of digestion be almost completely arrested by the inhibitory influence of the pneumogastric nerve. The flow of saliva maybe excited, through the olfactory nerves by the smell of food; through the optic nerves by the sight of it, or the auditory nerves by the sounds associated with its preparation. Mental emotion may both [Note.] No one can discuss this subject without repeating Clouston ; and the writer without apology acknowledges the free use of his pages. 2 accelerate and inhibit the salivary secretion. [Kirke.] Now, it may be observed that many of these phenomena are simple in- stances of reflex action, wherein vegetative functions originating in the spinal cord and common to all animal life are exercised; while others involve mental emotions and are dependent upon cerebral action. The act of blushing may be one or the other. A man about to suffer the amputation of a finger, clutches firmly the arm of his chair, bites upon his unlighted cigar and insists up- on the operation being done without an anaesthetic. He never once allows his muscles to interfere with its progress. Ordinar- ily the pain gives rise to a reflex action that finds expression in muscular resistance and audible cries, but these may be kept in subjection by the exercise of mental inhibition. If the feet are tickled, we can by an effort of will prevent their being drawn up by reflex action. The pugilist trains himself to not shut his eyes when a blow is aimed at his head, but reflexively, the tendency to wink is present. These instances might be multiplied indefinitely. They go to show that what we call will-power distinguishes an individual both by its presence and absence. Probably the strongest will may be overcome, as is shown by the incident related by Darwin. He placed his face closely against the cobra's cage in the reptile house at the Zoological Gardens, and when the snake struck furi- ously at the intervening glass, the strongest effort could not pre- vent his starting back, although well convinced that no harm could follow. Contrariwise, the weak will, so conspicuous in an impulsive nature may be strengthened if some stimulus is exerted. The late Dr. Wm. Goodell used to relate the story of an extem- pore assistant at an operation of emergency, who was deputed to hold a lamp. The lamp was seen to waver, the hand trembled, and the face paled. The moment was critical. The Doctor said, "Don't you dare drop that lamp. If you do, I'll-I'll-I'll-pick you with a pin." The doctor by his vehemence at first aroused her freight, and secondly her laughter by the trivial penalty. The his- tory of faith-cures all testify to the powerful stimulation of con- 3 trol centers in the brain. The blind are made to see, the deaf to hear, the lame to walk, by means of controlling the mind. Vol- umes have been written upon the vagaries of feeble invalids, who simulate every known nervous disease, yet who astonish their friends by a rapid recovery due to conditions that involve the stimulation of neglected ganglionic control centers of the cere- brum. So much experimental work has been done during the last twenty years in the physiological laboratory, so many clinical de- monstrations made by the surgeon, in many instances supple- mented by the review of post-mortem examinations, that they have settled beyond any question, the precise areas in the cortical grey matter of the brain, whereby many of the muscular movements and other functions of the body are controlled. Let there be a morbid action of the leg, arm, fingers, toes, trunk, head, or of speech or facial expression, the surgeon is able to locate the seat of the disorder within quite narrow limits. So well are these con- trol-centers determined, if the surface of the brain is exposed, a faradic current of electricity may be applied here and there to develop involuntary muscular movements at the will of the oper- ator. Now it may be said, that all these illustrations indicate nothing more than the reflex responses to external stimuli, different in de- gree only from those that characterize the lower animals; and that mental inhibition or control involves no spontaneity, such as is implied by the principle of legal responsibility. This is a terri- tory into whose mazes we will not be beguiled. It is the battle- field of metaphysics fought over inch by inch, through all the ages, the opposing contestants forever waging war- fare, but neither being left upon the field in acknowledged supremacy. It is the Arlington of the logicians, dotted by the monumental tombs of departed giants in intellect, who have evolved much to bewilder, but little to satisfy humanity. On the one hand is the contention that the gray matter of the brain is simply a tissue, as an hepatic cell is a tissue; that thought is a secretion, as the bile is a secretion; that there is no such proper- 4 ty as consciousness, that we are automatons; on the other hand it is claimed that man is in the image of his Creator endowed by di- vine interposition with consciousness, a will and a soul. We will not discuss these opposing hypotheses. In the search after truth let us be ready to acknowledge a limitation to our knowledge, and avoid celestial flights toward infinity. Metaphysics has too often led captive and enchained to its ponderous car the learned professions, to soil the priestly robe with the mud of bigotry, to drag the ermine in the dust, and ignominiously brand the disciple of the healing art as infidel and skeptic. Ecclesiastical superstition has sometimes regarded many forms of religious insanity as godly piety, and religious lunatics have passed for saints. So far as the safety and comfort of so- ciety go, it is necessary that we rest upon the solid ground that a man must possess inhibitory power, or self control if he is to be considered responsible; and if he does not have this, he must pay some penalty because of his irresponsibility. Anything less leads to chaos. Medicine and law have not at all timesagreed as to the kind of mental perversion that ought to determine responsi- bility for crime. Thus, more than a century ago Judge Tracy held that unless a criminal was irresponsible as a wild beast he should suffer punishment. Lord Mansfield claimed that a knowl- edge of "what was right and wrong" ought to be the test. Twelve judges decided in McNaughton's case that this knowledge of right and wrong should be in relation to the act committed. Lord Denman said that the presence or absence of insane delu- sion ought to determine legal responsibility. Lord Moncrieff laid it down that a man's habit and reputation for sanity among his fellow men should settle legal responsibility for any crime com- mitted. During nearly three centuries, while judges were laying down the law of responsibility for crime, when it was contended that the knowledge of right and wrong, or previous good repute, were to determine the sanity of an individual, hundreds of men were taking away their lives, knowing it to be wrong, and yet do- ing it; therefore, they were "criminals." But what motive had 5 they to commit crime? It was left for a later period and the later Judge Stephens in England to declare that the man's power of controlling his actions should be the test for responsibility. For the first time then the facts of nature were recognized in mental disease, and law and medicine brought into harmony. It is difficult to understand how any other conclusion can be reached, or how it can be reached except as a matter of medical evidence. The doctor as a psychologist must rigidly study a man by the laws of nature, and consider him in all stages of development and under diverse conditions of health and disease. He cannot re- gard him as a problem in geometry to be studied in a book. The clergyman can find his ideal in the Scriptures, the doctor cannot. He must regard his subject from the standpoint of physiology, psychology and pathology. Let us,as physicians,evince a becoming humility when we acknowledge that our art and science fail to leave us in possession of all that is essential to a complete understanding of this subject. Whatever our philosophical and religious beliefs may be in regard to the Ego and the soul, however strongly we may feel ourselves pressed upon the horns of the dilemma, on the one hand, that to feel implies a personality, and upon the oth- er, that as yet physiology has not devised any hypothesis by which we can even conceive personality as a brain function-in spite of this, we must when we come to treat patients whose men- tal functions are deranged, go on the hypothesis that mentaliza- tion is a brain function as much as sensation or motion. [Clou- ston.] To this common understanding law and medicine have come. If science has not yet proved that there is a control center in the brain to originate mental inhibition, it can be proven that the brain does inhibit, and we, therefore, may conclude that there is somewhere in the brain such a center. The law, too, has recog- nized the necessity for some standard by which to gauge the re- sponsibility of individuals, and has been ready to apply a crys- tallized medical opinion, as it may have found expression from time to time. It is most unfortunate for the medical profession 6 that the present method of securing expert testimony leads so often to a conflict of authorities. So long as it is possible for physicians to be retained by opposing sides and paid for main- taining the cases of their clients, human nature will assert itself and juries will continue to be bewildered by biased evidence. It must be said, however, that thus far no other proposed method has commended itself as better; and perhaps after all the flashing of medico-legal lights from opposite sides the better illumines the dark and crooked paths of vice and crime. I say that it is unfor- tunate for the medical profession that this is so, for while the lawyer may achieve great distinction by the dexterity with which he trips up the medical expert by his "hypothtical question"; and the court has an opportunity to get a liberal education upon a subject the jury cannot fathom and the judge has already de- termined; the doctor is apt to come off the stand with the consciousness sometimes of not having had half a chance to tell the truth, or voice an opinion, and at another time of having made confusion worse confounded by talking too much. In any event it happens that medical expert opinion gains little and loses much in the estimation of the public. Spite of all this we have come to agree, that every person unless he be either a child, an idiot, or a lunatic is considered to have inhibitory power. It may at the same time be con- ceded, that every one is moved by impulses prejudicial to his own or another's welfare, but it is the ability to control these impulses that determines the responsibility of each one. In all legislation it is assumed that every free citizen is able to do certain acts for the benefit of himself and others and likewise to avoid other things that are injurious. It does not matter that one can neither read nor write; nor that one may be bred in crime and never taught to distinguish between right and wrong; the law exacts as much responsibility from such an one as from the most highly cultured member of the community. Looking at this from a physiological or a psychological view, it would seem to be an unfair and unscientific arrangement, but it is 7 just as fair as the declaration that all men are created free and equal; it is as fair as systems of taxation and many social laws. It is not supposed that perfect inhibitory power is possessed by anyone, nor to an equal degree by all, but a certain amount is ex- acted from every responsible person. It may be that there is such a thing as an insane diathesis and that some people have an in- born tendency to impulsive acts, and never restrain themselves. We all know these people; they are guided by passion, by desire, by taste, are self-indulgent; they do what is to their injury, know- ing they are to be damaged thereby; they are hysterical and swayed by a disordered imagination or sudden impulses. Are these people to be held rigidly responsible for their acts ? This endowment of inhibitory power is in close relation to the prin- ciple understood as "habit." The frequent repetition of any act makes it more and more easy of performance, so much so in- deed that it may become automatic, and the resistance to the action at one time felt, ceases any longer to be noticed. The recognition of this principle leads to the establishment of institu- tions for feeble minded children. If the habit has not been of too long standing, the cessation of the habit, under favorable conditions may follow, and this naturally suggests the value of reformatories to eradicate vicious habits and substitute correct ones. If the brains of children predisposed by inheritance to mental disease can be subjected to the right kind of preventive and hygienic conditions, unquestionably we shall have less of mental diseases in the world, and if in later life these same brains can be made to avoid the exciting causes that lead to these dis- eases, they may be still further reduced. We hear of most re- markable instances of good men suddenly gone wrong. Later events, and a better history demonstrate that the individuals led a dual life and one part only was observed. These cases are the result of lapses oft repeated, until a habit of wrong-doing is de- veloped, or in other words the inhibitory power is lost. Stephen- son's "demoniac" is a myth and no alcoholic begun his career as is described in that entertaining narrative. Jekyl and Hyde in 8 their essentials are not unknown among the living, but it is not established that any of these characters suddenly blossom out in full fruition. Evolution applies to the development of character, and growth involves the seed time, culture and harvest. This fact of development makes it necessary that the line shall be drawn somewhere to determine just where a man ceases to act physiolo- gically, and comes to act pathologically. This we insist must always remain a medical question. Lawyers will generally push hard for a definition to sharply define between responsibility and irresponsibility, and crowd the physician to its expression; but the latter recognizes no definition that can properly cover all cases; he must deal with the individual, even though it be under the veil of the "hypothetical question." It ought to be recog- nized that laws after all are only artificial restraints based upon the laws of nature, and the lawyer and doctor must be ready to change these human contrivances as our knowledge increases. Perfect law abides not with man, the Infinite alone can de- termine it. In one age Joan of Arc is adjudged a sorcerer and burned at the stake, in another she is regarded as a neurotic enthusiast. At one time Christ is a criminal and malefactor, later he is immaculate and deified. In the middle ages the law regarded the insane as like the wild beasts of the field, and they were put in chains and in the dungeon; at the present time they are considered unfortunates, to claim the compassion of their fellowmen, and the protection of the state. An alcoholic has sometimes been considered a criminal, and sometimes the victim of disease, inherited or acquired, and therefore insane. He may be the one or the other. It is exceedingly difficult to pronounce upon the responsibility of the religious monomaniacs. Are those who hold communion with spirits, the dupes of spiritualism, to be considered sane or insane ? Is the woman who is convinced that Providence has as a result of her prayers put back the ordinary course of nature and relieved her of an incurable affection, sane or insane ? An eminent judge of this state believed that he had daily communication with the departed; was he sane ? (Wood.) So, too, they to commit crime? It was left for a later period and the later Judge Stephens in England to declare that the man's power of controlling his actions should be the test for responsibility. For the first time then the facts of nature were recognized in mental disease, and law and medicine brought into harmony. It is difficult to understand how any other conclusion can be reached, or how it can be reached except as a matter of medical evidence. The doctor as a psychologist must rigidly study a man by the laws of nature, and consider him in all stages of development and under diverse conditions of health and disease. He cannot re- gard him as a problem in geometry to be studied in a book. The clergyman can find his ideal in the Scriptures, the doctor cannot. He must regard his subject from the standpoint of physiology, psychology and pathology. Let us,as physicians,evince a becoming humility when we acknowledge that our art and science fail to leave us in possession of all that is essential to a complete understanding of this subject. Whatever our philosophical and religious beliefs may be in regard to the Ego and the soul, however strongly we may feel ourselves pressed upon the horns of the dilemma, on the one hand, that to feel implies a personality, and upon the oth- er, that as yet physiology has not devised any hypothesis by which we can even conceive personality as a brain function-in spite of this, we must when we come to treat patients whose men- tal functions are deranged, go on the hypothesis that mentaliza- tion is a brain function as much as sensation or motion. [Clou- ston.] To this common understanding law and medicine have come. If science has not yet proved that there is a control center in the brain to originate mental inhibition, it can be proven that the brain does inhibit, and we, therefore, may conclude that there is somewhere in the brain such a center. The law, too, has recog- nized the necessity for some standard by which to gauge the re- sponsibility of individuals, and has been ready to apply a crys- tallized medical opinion, as it may have found expression from time to time. It is most unfortunate for the medical profession that the present method of securing expert testimony leads so often to a conflict of authorities. So long as it is possible for physicians to be retained by opposing sides and paid for main- taining the cases of their clients, human nature will assert itself and juries will continue to be bewildered by biased evidence. It must be said, however, that thus far no other proposed method has commended itself as better; and perhaps after all the flashing of medico-legal lights from opposite sides the better illumines the dark and crooked paths of vice and crime. I say that it is unfor- tunate for the medical profession that this is so, for while the lawyer may achieve great distinction by the dexterity with which he trips up the medical expert by his "hypothtical question"; and the court has an opportunity to get a liberal education upon a subject the jury cannot fathom and the judge has already de- termined; the doctor is apt to come off the stand with the consciousness sometimes of not having had half a chance to tell the truth, or voice an opinion, and at another time of having made confusion worse confounded by talking too much. In any event it happens that medical expert opinion gains little and loses much in the estimation of the public. Spite of all this we have come to agree, that every person unless he be either a child, an idiot, or a lunatic is considered to have inhibitory power. It may at the same time be con- ceded, that every one is moved by impulses prejudicial to his own or another's welfare, but it is the ability to control these impulses that determines the responsibility of each one. In all legislation it is assumed that every free citizen is able to do certain acts for the benefit of himself and others and likewise to avoid other things that are injurious. It does not matter that one can neither read nor write; nor that one may be bred in crime and never taught to distinguish between right and wrong; the law exacts as much responsibility from such an one as from the most highly cultured member of the community. Looking at this from a physiological or a psychological view, it would seem to be an unfair and unscientific arrangement, but it is just as fair as the declaration that all men are created free and equal; it is as fair as systems of taxation and many social laws. It is not supposed that perfect inhibitory power is possessed by anyone, nor to an equal degree by all, but a certain amount is ex- acted from every responsible person. It may be that there is such a thing as an insane diathesis and that some people have an in- born tendency to impulsive acts, and never restrain themselves. We all know these people; they are guided by passion, by desire, by taste, are self-indulgent; they do what is to their injury, know- ing they are to be damaged thereby; they are hysterical and swayed by a disordered imagination or sudden impulses. Are these people to be held rigidly responsible for their acts ? This endowment of inhibitory power is in close relation to the prin- ciple understood as "habit." The frequent repetition of any act makes it more and more easy of performance, so much so in- deed that it may become automatic, and the resistance to the action at one time felt, ceases any longer to be noticed. The recognition of this principle leads to the establishment of institu- tions for feeble minded children. If the habit has not been of too long standing, the cessation of the habit, under favorable conditions may follow, and this naturally suggests the value of reformatories to eradicate vicious habits and substitute correct ones. If the brains of children predisposed by inheritance to mental disease can be subjected to the right kind of preventive and hygienic conditions, unquestionably we shall have less of mental diseases in the world, and if in later life these same brains can be made to avoid the exciting causes that lead to these dis- eases, they may be still further reduced. We hear of most re- markable instances of good men suddenly gone wrong. Later events, and a better history demonstrate that the individuals led a dual life and one part only was observed. These cases are the result of lapses oft repeated, until a habit of wrong-doing is de- veloped, or in other words the inhibitory power is lost. Stephen- son's "demoniac" is a myth and no alcoholic begun his career as is described in that entertaining narrative. Jekyl and Hyde in their essentials are not unknown among the living, but it is not established that any of these characters suddenly blossom out in full fruition. Evolution applies to the development of character, and growth involves the seed time, culture and harvest. This fact of development makes it necessary that the line shall be drawn somewhere to determine just where a man ceases to act physiolo- gically, and comes to act pathologically. This we insist must always remain a medical question. Lawyers will generally push hard for a definition to sharply define between responsibility and irresponsibility, and crowd the physician to its expression; but the latter recognizes no definition that can properly cover all cases; he must deal with the individual, even though it be under the veil of the "hypothetical question." It ought to be recog- nized that laws after all are only artificial restraints based upon the laws of nature, and the lawyer and doctor must be ready to change these human contrivances as our knowledge increases. Perfect law abides not with man, the Infinite alone can de- termine it. In one age Joan of Arc is adjudged a sorcerer and burned at the stake, in another she is regarded as a neurotic enthusiast. At one time Christ is a criminal and malefactor, later he is immaculate and deified. In the middle ages the law- regarded the insane as like the wild beasts of the field, and they were put in chains and in the dungeon; at the present time they are considered unfortunates, to claim the compassion of their fellowmen, and the protection of the state. An alcoholic has sometimes been considered a criminal, and sometimes the victim of disease, inherited or acquired, and therefore insane. He may be the one or the other. It is exceedingly difficult to pronounce upon the responsibility of the religious monomaniacs. Are those who hold communion with spirits, the dupes of spiritualism, to be considered sane or insane ? Is the woman who is convinced that Providence has as a result of her prayers put back the ordinary course of nature and relieved her of an incurable affection, sane or insane ? An eminent judge of this state believed that he had daily communication with the departed; was he sane ? (Wood.) So, too, 9 there comes up for our judgment, the responsibility of the dipso- maniac. When a drunkard is at his best estate-after a few weeks compulsory deprivation of his brain poison, he is so like the rest of the world in all essential things, that it is most difficult to see how laws can be framed in the present state of public opinion and medico-psychological knowledge to deprive him of his liberty. Yet when he is at his worst, he is readily recognized to be entirely without self-control, and fit only to be placed under the care of others, in other words he is insane. Let us take a case like this. Here is a man who knows if he drinks liquor, that he will become maniacal, and do some criminal act. He realizes that fully, never- theless, he gets drunk and kills someone. The question arises, is he responsible, is he insane, or a criminal ? One difficulty about considering him insane is that, even though he may have a brain predisposed by heredity, he-has brought this condition upon himself by not exercising self-control when he had the power to do so. On the other hand, as has been said pre- viously, oft repeated acts develop a habit, the control power of the brain is lost, and the brain tissue, always so fine, so delicate, so subtile working, with functions so inconceivably varied and high, is subjected to the degenerative changes of slow poison, and then no doubt we have a disease-an insanity. Where the re- sponsibility ceases and where the opposite begins, the physician may be called upon to decide. [Clouston.] The law has in the past, with great wisdom and clear foresight, insisted that volun- tary drunkenness is never an excuse for crime; it likewise clearly exacts deliberation and premeditation to constitute murder in the first degree. The subject has some interesting phases when viewed from a medico-legal standpoint. How does this subject bear upon the question of capital punishment? The opposition of able physicians, whose lead the medical profession has deemed it an honor to follow, has been directed against capital punish- ment. They seem ofttimes to not recognize such an attribute as spontaneity of action; but more particularly to be influenced by hesitancy to assume the responsibility of pronouncing upon the 10 legal status of a criminal, when by that act they may determine the sacrifice of of a life; or to put it another way, they fear that a mistake may be made and an innocent man be hung. No doubt errors have been made; indeed so long as affairs are adminis- tered by human beings, errors will continue to be made, but, it is probable that the law more often errs in saving lives than in sac- rificing them. There are more men unhung, who ought to be hung, than are hung who ought to be unhung. No system of penalogy can be contrived that will eliminate human fallibility. While necessarily the question that will arise bearing upon the legal responsibility of murderers, must be largely determined by medical evidence, the final disposition of a legally adjudged mur- derer, (such as is recognized by the law of this state, as of the first degree) belongs to society. At this point it passes beyond the special science of any profession, and comes to be a question for the people to solve. Does not the community need protection as well as the criminal ? There is a good deal of the brute yet left in human nature. There are frequent instances of reversion to primitive types. So long as these aberrant specimens do injury to themselves alone, they may be regarded as cranks, freaks, sui- cides perhaps, or whatnot, and left to work out their own salva- tion or destruction, under certain restrictions; but when the lives of others are involved in theirs, and endangered by them, when they are moved by neither the fear of evil nor the love of good, they should be exterminated like reptiles, excised as foul ulcers, amputated as gangrenous limbs, they are a curse to all who have to do with them, a pest and danger to society and propagators of a bad breed. They are as much the enemy of the sane as the wild beast is the enemy of man. [Gray.] Salus populi, suprema esl lex. It has been considered that the voluntary sacrifice of one life for the good of the many, when done deliberately, is worthy of being characterized as heroic, sublime, godly. We may ask, if the sacrifice of a worthy life can be justified upon the ground that it is for humanity's welfare, must it not be conceded that there is equal right to rid the earth of a life that is worthless and 11 dangerous to humanity. The safety of the people is the highest law. No lifetime confinement satisfies this demand. Naught but total annihilation can. Let us construct and liberally provide for the maintenance of homes for the fatherless and the motherless; let us endeavor to fan into a kindling blaze the feeble spark of intellect that glim- mers in the brain of the idiot; let us encourage the state care of the epileptic, until lately not recognized as having a claim upon our charity; let us tenderly guard and support the homes for the old and indigent, to smooth the pathway to the grave; let us jeal- ously watch over the multiplying hospitals for the insane, even though the treasury of the state be taxed to its utmost limit for their support; let the sentimentalists also, if they choose, waste their fine feelings and fat fortunes in fostering societies for the protection of cats and dogs, in opposing vivisection, in organizing anti-spanking crusades, in hysterical condemnation of corporeal punishment in reformatories; let us mingle mercy with justice, patience with sternness, reformation with penalties in the seclusion of criminals that crowd the state prisons, and consume the state's wealth; but, after having done all these, let us not forget that normal man is also entitled to some protection.