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 interpretation¹ of intent, although cases can be found, generally of a minor² grade, which hold that evil intent is not necessary to the crime. Under the law as generally laid down, insanity³ is a defense⁴ to crime when the insanity is so far advanced as to blot⁵ out and obliterate⁶ 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 exempted⁸ 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 sane⁷ and the insane are moved by like causes, but this is not the theory of the law.

 

Insanity is often very insidious⁹. Many cases are easily classified, but there is always the border line, the twilight¹⁰ zone, which is sure to exist in moral questions and in all questions of human conduct, and this is hard to settle. It is generally determined¹¹ by the feelings of a jury, moved or not by the prejudice of the public, depending on whether the community has been lashed¹² or persuaded to take a hand in the conduct of the case.

 

Lawyers and judges are not psychologists or psychiatrists¹³, neither are juries. Therefore the doctor must be called in. As a rule, the lawyer has little respect for expert opinion. He has so often seen and heard all sorts of experts testify for the side that employs them and give very excellent reasons for their positive and contradictory¹⁴ opinions, that he is bound to regard them with doubt. In fact, while lawyers respect and admire many men who are expert witnesses, and while many such men are men of worth, still they know that the expert is like the lawyer: he takes the case of the side that employs him, and does the best he can. The expert is an every-day frequenter of the courts; he makes his living by testifying for contesting litigants¹⁵. Of course scientific men do not need to be told that the receipt of or expectation of a fee is not conducive¹⁶ to arriving at scientific results. Every psychologist knows that, as a rule, men believe what they wish to believe and that the hope of reward is an excellent reason for wanting to believe. It is not my intention to belittle¹⁷ scientific knowledge or to criticise¹⁸ experts beyond such general statements as will apply to all men. I have often received the services of medical experts when valuable time was given without any financial reward, purely¹⁹ from a sense of justice. But all men are bound to be interested in arriving at the conclusion they wish to reach. Furthermore, the contending lawyers are willing to assist them in arriving at the conclusions that the lawyer wants.

 

It is almost inevitable²⁰ that both sides will employ experts when they have the means. The poor defendant²¹ is hopelessly handicapped. He is, as a rule, unable to get a skillful lawyer or skillful experts. A doctor's opinion on insanity is none too good, especially in a case where he is called only for a casual examination and has not had the chance for long study. The doctor for the prosecution²² may find that the subject can play cards and talk connectedly on most things, and as he is casually²³ visiting him for a purpose, he can see no difference between him and other men. This may well be the case and still have little to do with insanity. Experts called for the defense cannot always be sure that the patient truthfully answers the questions. A doctor must make up his mind from examining the patient, except so far as hypothetical questions may be used. In all larger cities, certain doctors are regularly employed by the prosecution. While it would be too much to say that they always find the patient sane, it is safe to say that they nearly always do. Especially is this true in times of public clamor, which affects all human conduct. A court trial with an insanity defense often comes down largely to the relative impression of the testimony²⁴ of the experts who flatly contradict each other, leaving with intelligent men a doubt as to whether either one really meant to tell the truth. The jury knows that they are paid for their opinions and regards them more or less as it regards the lawyers in the case. It listens to them but does not rely upon their opinions. Expert testimony is always unsatisfactory in a contested case. Under present methods, it can never be any different.

 

There is another danger: juries do not know the difference in the standing²⁵, character and attainments²⁶ of doctors, so the tendency is always to find the man who will make the best appearance and testify the most positively²⁷ for his side. This is unfair to the expert, unfair to science, and unfair to the case.

 

The method for overcoming this difficulty that has received most sanction from students is that experts shall be chosen by the state and appear for neither side. This, like most other things, has advantages and disadvantages. State officials, or those chosen by the state, usually come to regard themselves as a part of the machinery²⁸ of justice and to stand with the prosecuting²⁹ attorney for conviction. It will most likely be the same with state defenders³⁰. No one who really would defend could be elected or could be appointed, and it would work out in really having two prosecutors³², one nominally³³ representing the defense. A defendant should be left to get any lawyer or any expert he wishes. No one can be sure that the state expert will be better than the others. All one can say is that state experts may not be partisans³⁴, but, in effect, this would mean that they would not be partisans for the defendant. The constant association with the prosecutor³¹, the officers of the jail, the public officials, and those charged with enforcing the law, would almost surely place them on the side of the state. Such men must be elected or appointed by some tribunal. This brings them to the attention of the public and makes them dependent on the public. The expert's interest will then be the same as the interest of the prosecutor and the judge.

 

The prosecuting attorney is not a partisan³⁵. His office is judicial³⁶. He is not interested in convicting or paid for convicting, and yet, no sane person familiar with courts would think that the defendant could be safely left in his hands. Assuming he is honest, it makes little difference. Almost no prosecutor dares do anything the public does not demand. Neither, as a rule, has he training nor interest to study any subject but the law. The profounder and more important matters affecting life and conduct are a sealed book which he could not open if he would. Very soon under our political system the expert business would gravitate into the hands of politicians, the last group that should handle any scientific problem. I am free to confess the difficulties of the present system, but some other way may be even worse. It must always be remembered that this country is governed by public opinion, that public opinion is always crude, uninformed and heartless. In criminal cases there is no time to set it right. The position of the accused is hard enough at best. He is really presumed guilty before he starts. Every lawyer employed to any extent in criminal practice knows that in an important case his greatest danger is public opinion. He would not take the officers and attachés of the court as jurors, although they might be good men, for their interest and psychology³⁷ would be always for conviction.

 

If defendants³⁸ were not regarded as moral delinquents³⁹, if the examination implied no moral condemnation⁴⁰, if it was only a scientific investigation⁴¹ as to where to place him if he is anti-social, if public opinion supported this view, then experts should be appointed by the court. On this phase of the case there would be little need of experts. I would be willing to go further and say that then, too, the partisan lawyer, the hired advocate, should disappear. The machinery of justice would be all-sufficient to take care of the liberties of every man, to give him proper treatment in disease, to restore him to freedom when safe, and, when that time does come, the unseemly contest in courts will disappear, and justice, tempered with mercy, will have a chance.

1 interpretation   

n.解释，说明，描述；艺术处理

参考例句：

• His statement admits of one interpretation only.他的话只有一种解释。
• Analysis and interpretation is a very personal thing.分析与说明是个很主观的事情。

2 minor   

adj.较小(少)的，较次要的；n.辅修学科；vi.辅修

参考例句：

• The young actor was given a minor part in the new play.年轻的男演员在这出新戏里被分派担任一个小角色。
• I gave him a minor share of my wealth.我把小部分财产给了他。

3 insanity   

n.疯狂，精神错乱；极端的愚蠢，荒唐

参考例句：

• In his defense he alleged temporary insanity.他伪称一时精神错乱，为自己辩解。
• He remained in his cell,and this visit only increased the belief in his insanity.他依旧还是住在他的地牢里，这次视察只是更加使人相信他是个疯子了。

4 defense   

n.防御，保卫；[pl.]防务工事；辩护，答辩

参考例句：

• The accused has the right to defense.被告人有权获得辩护。
• The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。

5 blot   

vt.弄脏（用吸墨纸）吸干；n.污点，污渍

参考例句：

• That new factory is a blot on the landscape.那新建的工厂破坏了此地的景色。
• The crime he committed is a blot on his record.他犯的罪是他的履历中的一个污点。

6 obliterate   

v.擦去，涂抹，去掉...痕迹，消失，除去

参考例句：

• Whole villages were obliterated by fire.整座整座的村庄都被大火所吞噬。
• There was time enough to obliterate memories of how things once were for him.时间足以抹去他对过去经历的记忆。

7 sane   

adj.心智健全的，神志清醒的，明智的，稳健的

参考例句：

• He was sane at the time of the murder.在凶杀案发生时他的神志是清醒的。
• He is a very sane person.他是一个很有头脑的人。

8 exempted   

使免除[豁免]( exempt的过去式和过去分词 )

参考例句：

• His bad eyesight exempted him from military service. 他因视力不好而免服兵役。
• Her illness exempted her from the examination. 她因病而免试。

9 insidious   

adj.阴险的，隐匿的，暗中为害的，（疾病）不知不觉之间加剧

参考例句：

• That insidious man bad-mouthed me to almost everyone else.那个阴险的家伙几乎见人便说我的坏话。
• Organized crime has an insidious influence on all who come into contact with it.所有和集团犯罪有关的人都会不知不觉地受坏影响。

10 twilight   

n.暮光，黄昏；暮年，晚期，衰落时期

参考例句：

• Twilight merged into darkness.夕阳的光辉融于黑暗中。
• Twilight was sweet with the smell of lilac and freshly turned earth.薄暮充满紫丁香和新翻耕的泥土的香味。

11 determined   

adj.坚定的；有决心的

参考例句：

• I have determined on going to Tibet after graduation.我已决定毕业后去西藏。
• He determined to view the rooms behind the office.他决定查看一下办公室后面的房间。

12 lashed   

adj.具睫毛的v.鞭打( lash的过去式和过去分词 )；煽动；紧系；怒斥

参考例句：

• The rain lashed at the windows. 雨点猛烈地打在窗户上。
• The cleverly designed speech lashed the audience into a frenzy. 这篇精心设计的演说煽动听众使他们发狂。 来自《简明英汉词典》

13 psychiatrists   

n.精神病专家，精神病医生( psychiatrist的名词复数 )

参考例句：

• They are psychiatrists in good standing. 他们是合格的精神病医生。 来自辞典例句
• Some psychiatrists have patients who grow almost alarmed at how congenial they suddenly feel. 有些精神分析学家发现，他们的某些病人在突然感到惬意的时候几乎会兴奋起来。 来自名作英译部分

14 contradictory   

adj.反驳的，反对的，抗辩的；n.正反对，矛盾对立

参考例句：

• The argument is internally contradictory.论据本身自相矛盾。
• What he said was self-contradictory.他讲话前后不符。

15 litigants   

n.诉讼当事人( litigant的名词复数 )

参考例句：

• Litigants of the two parties may reconcile of their own accord. 双方当事人可以自行和解。 来自口语例句
• The litigants may appeal against a judgment or a ruling derived from the retrial. 当事人可就重审案件的判决或裁定进行上诉。 来自口语例句

16 conducive   

adj.有益的，有助的

参考例句：

• This is a more conducive atmosphere for studying.这样的氛围更有利于学习。
• Exercise is conducive to good health.体育锻炼有助于增强体质。

17 belittle   

v.轻视，小看，贬低

参考例句：

• Do not belittle what he has achieved.不能小看他取得的成绩。
• When you belittle others,you are actually the one who appears small.当你轻视他人时， 真正渺小的其实是你自己。

18 criticise   

v.批评，评论；非难

参考例句：

• Right and left have much cause to criticise government.左翼和右翼有很多理由批评政府。
• It is not your place to criticise or suggest improvements!提出批评或给予改进建议并不是你的责任！

19 purely   

adv.纯粹地，完全地

参考例句：

• I helped him purely and simply out of friendship.我帮他纯粹是出于友情。
• This disproves the theory that children are purely imitative.这证明认为儿童只会单纯地模仿的理论是站不住脚的。

20 inevitable   

adj.不可避免的，必然发生的

参考例句：

• Mary was wearing her inevitable large hat.玛丽戴着她总是戴的那顶大帽子。
• The defeat had inevitable consequences for British policy.战败对英国政策不可避免地产生了影响。

21 defendant   

n.被告；adj.处于被告地位的

参考例句：

• The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
• The defendant was borne down by the weight of evidence.有力的证据使被告认输了。

22 prosecution   

n.起诉，告发，检举，执行，经营

参考例句：

• The Smiths brought a prosecution against the organizers.史密斯家对组织者们提出起诉。
• He attempts to rebut the assertion made by the prosecution witness.他试图反驳原告方证人所作的断言。

23 casually   

adv.漠不关心地，无动于衷地，不负责任地

参考例句：

• She remarked casually that she was changing her job.她当时漫不经心地说要换工作。
• I casually mentioned that I might be interested in working abroad.我不经意地提到我可能会对出国工作感兴趣。

24 testimony   

n.证词；见证，证明

参考例句：

• The testimony given by him is dubious.他所作的证据是可疑的。
• He was called in to bear testimony to what the police officer said.他被传入为警官所说的话作证。

25 standing   

n.持续，地位；adj.永久的，不动的，直立的，不流动的

参考例句：

• After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。
• They're standing out against any change in the law.他们坚决反对对法律做任何修改。

26 attainments   

成就，造诣； 获得( attainment的名词复数 )； 达到； 造诣； 成就

参考例句：

• a young woman of impressive educational attainments 一位学业成就斐然的年轻女子
• He is a scholar of the highest attainments in this field. 他在这一领域是一位颇有造就的学者。

27 positively   

adv.明确地，断然，坚决地；实在，确实

参考例句：

• She was positively glowing with happiness.她满脸幸福。
• The weather was positively poisonous.这天气着实讨厌。

28 machinery   

n.(总称)机械，机器；机构

参考例句：

• Has the machinery been put up ready for the broadcast?广播器材安装完毕了吗？
• Machinery ought to be well maintained all the time.机器应该随时注意维护。

29 prosecuting   

检举、告发某人( prosecute的现在分词 )； 对某人提起公诉； 继续从事（某事物）； 担任控方律师

参考例句：

• The witness was cross-examined by the prosecuting counsel. 证人接受控方律师的盘问。
• Every point made by the prosecuting attorney was telling. 检查官提出的每一点都是有力的。

30 defenders   

n.防御者( defender的名词复数 )；守卫者；保护者；辩护者

参考例句：

• The defenders were outnumbered and had to give in. 抵抗者寡不敌众，只能投降。 来自《简明英汉词典》
• After hard fighting,the defenders were still masters of the city. 守军经过奋战仍然控制着城市。 来自《简明英汉词典》

31 prosecutor   

n.起诉人；检察官，公诉人

参考例句：

• The defender argued down the prosecutor at the court.辩护人在法庭上驳倒了起诉人。
• The prosecutor would tear your testimony to pieces.检查官会把你的证言驳得体无完肤。

32 prosecutors   

检举人( prosecutor的名词复数 )； 告发人； 起诉人； 公诉人

参考例句：

• In some places,public prosecutors are elected rather than appointed. 在有些地方，检察官是经选举而非任命产生的。 来自口语例句
• You've been summoned to the Prosecutors' Office, 2 days later. 你在两天以后被宣到了检察官的办公室。

33 nominally   

在名义上，表面地； 应名儿

参考例句：

• Dad, nominally a Methodist, entered Churches only for weddings and funerals. 爸名义上是卫理公会教徒，可只去教堂参加婚礼和葬礼。
• The company could not indicate a person even nominally responsible for staff training. 该公司甚至不能指出一个名义上负责职员培训的人。

34 partisans   

游击队员( partisan的名词复数 )； 党人； 党羽； 帮伙

参考例句：

• Every movement has its partisans. 每一运动都有热情的支持者。
• He was rescued by some Italian partisans. 他被几名意大利游击队员所救。

35 partisan   

adj.党派性的；游击队的；n.游击队员；党徒

参考例句：

• In their anger they forget all the partisan quarrels.愤怒之中，他们忘掉一切党派之争。
• The numerous newly created partisan detachments began working slowly towards that region.许多新建的游击队都开始慢慢地向那里移动。

36 judicial   

adj.司法的，法庭的，审判的，明断的，公正的

参考例句：

• He is a man with a judicial mind.他是个公正的人。
• Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。

37 psychology   

n.心理，心理学，心理状态

参考例句：

• She has a background in child psychology.她受过儿童心理学的教育。
• He studied philosophy and psychology at Cambridge.他在剑桥大学学习哲学和心理学。

38 defendants   

被告( defendant的名词复数 )

参考例句：

• The courts heard that the six defendants had been coerced into making a confession. 法官审判时发现6位被告人曾被迫承认罪行。
• As in courts, the defendants are represented by legal counsel. 与法院相同，被告有辩护律师作为代表。 来自英汉非文学 - 政府文件

39 delinquents   

n.（尤指青少年）有过失的人，违法的人( delinquent的名词复数 )

参考例句：

• The robbery was committed by a group of delinquents. 那起抢劫案是一群青少年干的。 来自《简明英汉词典》
• There is today general agreement that juvenile delinquents are less responsible than older offenders. 目前人们普遍认为青少年罪犯比成人罪犯的责任小些。 来自辞典例句

40 condemnation   

n.谴责; 定罪

参考例句：

• There was widespread condemnation of the invasion. 那次侵略遭到了人们普遍的谴责。
• The jury's condemnation was a shock to the suspect. 陪审团宣告有罪使嫌疑犯大为震惊。

41 investigation   

n.调查，调查研究

参考例句：

• In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。
• He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。