University of Virginia Library

Mental crimes

Courts and juries judge and sentence mortals in order to restrain crime, to prevent deeds of violence or to punish them. To say that these tribunals have no jurisdiction over the carnal or mortal mind, would be to contradict precedent and to admit that the power of human law is restricted to matter, while mortal mind, evil, which is the real outlaw, defies justice and is recommended to mercy. Can matter commit a crime? Can matter be punished? Can you separate the men- tality from the body over which courts hold jurisdiction? Mortal mind, not matter, is the criminal in every case; and human law rightly estimates crime, and courts rea- sonably pass sentence, according to the motive.