Harry Potter’s Morning Light

  Chapter 3018 The ghost in the distance (23)

In the Parker Library, University of Cambridge, there is a manuscript which, although formed after the Norman Conquest, contains texts of Anglo-Saxon law, generally a compilation of Anglo-Saxon law , but also includes excerpts from the codes of various kings, treaties, oaths, marriages, wills, and more.

   But the most important thing is the treaty. Even during the Norman rule, they recognized and maintained the effectiveness of some old treaties.

The second is to help the Norman ruling class understand the social habits of the Anglo-Saxons. Malfoy, who looks a lot like an Anglo-Saxon nobleman, is actually a Norman who came to England with William I. His family collected Numerous Muggle treasures and works of art, including a manuscript of Queen Elizabeth I about her translation of Cicero's Treatise.

   Of course, the queen has more than one manuscript. She has also translated the works of other ancient Greek scholars. The works of the same standard are all kept in the Royal Library and will not be shown easily.

Also in his collection is The Laws and Customs of England, transcribed by monks in the 13th century, which tells the story of an English judge trying the crime of theft. , so children and madmen should not be punished."

There were probably two reasons for children to steal at the time, one was to imitate, and the other was instructed by others. For example, street children were controlled by adults to pickpocket. They only knew that if they did not steal enough wallets, adult criminals would not give them food. , did not think about using the money in the purse that was pickpocketed.

   “Misconduct is defined by the two conditions of will and intent, so there is no stealing without the thought of stealing.”

Regarding the madman, he quoted the works of the Roman law scholar Modestin. He believed that the Roman law leniently dealt with the madman because of "unfortunate fate" (infelicitasfati), arguing that even if the madman committed crimes, but based on their own misfortune , cannot be rational and understanding like a human being, like a beast, so even if it constitutes a crime, it can be exempted.

In England and Wales in the 18th century, 9-year-old children who stole more than 40 shillings could be hanged. At that time, about 200 people were executed every year. Therefore, juries often deliberately lowered the price of stolen goods to avoid young children being sentenced. hanging.

  At the same time, the standard for madmen is also different from the past. People in the past thought that those who were born stupid, unable to count to 20 shillings, did not know their parents, and could not understand the instructions and teachings of others were madmen.

  These are mental abnormalities (insanity) understood by the analogy of ordinary people to certain states. It was probably at this time that mental abnormalities were no longer medical terms, but used as legal terms.

If a person is really so insane that he doesn't know his name, his family, etc., then the possibility of him being capable of committing a crime is also very low. Without discernment, he cannot distinguish good from evil, right from wrong. In 1833, there was a Scotsman who couldn't even distinguish whether the watch was a living thing. When he saw that the watch didn't move, he thought it was "frozen to death" like animals in the snow.

  This situation is called partial mental abnormality, but this partial mental abnormality cannot be exonerated, because people feel that this person still has some reason left, can distinguish good from evil, and restrain his intentions.

At the beginning of the 19th century, to be precise in 1800, when George III was assassinated while watching a play at the Royal Theater on Drury Street, the assassin was named Hetmold. He was a soldier who participated in the Anglo-French War in 1794. Due to serious injuries— Two bayonets were stabbed in the head, and one knife was stabbed in the body - he was abandoned by his comrades, but he recovered miraculously, then became mentally abnormal, and fell into uncontrollable rage for several years, and his family had to lock him up at home.

  How he ran away from the house, and no one knows how he got the gun. After he fired a shot, the bullet missed the king, and then he was thrown down by the people around him.

   During questioning, it quickly became clear to the police that he had a mental problem. His motive for the assassination was because he believed that human beings would encounter disasters, and the only way to change this fate was to let him be martyred, but he was afraid that he would go to hell, so he pretended to hurt the royal family members, but of course he didn't want to hurt himself Dear king, he was only guilty of treason and hanged.

  Hetfield's lawyer is very clear that his behavior cannot be applied to the principle of right and wrong, and he is deemed to be mentally abnormal because he is very aware of the consequences of his behavior.

  So he proposed during the debate that the identification criteria for mental abnormalities should not be limited to thinking ability and perception of right and wrong, but should also include the presence or absence of "delusions". In view of Hetfield's achievements in the war, the jury found Hetfield not guilty of insanity, and he was transferred to a mental hospital where he died.

In 1805, a businessman named John Bellingham decided to go to Russia to try his luck because of the unlucky Napoleonic Wars. However, he was sentenced to prison because of debt problems. When it came to false accusations, but due to complicated reasons such as the world situation at that time, the official did not intervene in Russia's internal affairs, and he was imprisoned for 5 years.

  After he was released from prison, he asked the Ministry of Foreign Affairs for compensation, but he did not receive any reply six months before the incident.

  He finally believed that assassination was the solution, and then on May 1, 1812, he waited in the hall of the House of Commons and shot the then Prime Minister Spencer Parcival.

  The trial was held on May 15, and he calmly stepped into the courtroom, just as he calmly went to the gallows a week later, refusing to plead insanity because he did not expect his charges to be justified by insanity.

This case put to the test whether the "delusion" established in the Hetfield case can be judged as insane and innocent. No crime or crime.

Just like a person with intermittent mental disorders, he is like a geyser. When he "erupts", he is innocent. When he does not erupt, he can still distinguish right from wrong and morality. This is based on the data obtained from the observation of doctors in psychiatric hospitals. , Only 2% of people are so crazy that they are insane, which is equal to the mental disorder stipulated by law. In this case, he should bear the same responsibility for committing a crime.

  There are many types of punishment, such as not being allowed to play without doing homework. There is no causal relationship between doing homework and playing, but it is mandatory. This kind of punishment is called punishment of guilt. The punishment of retribution has a causal relationship. For example, someone has done something beyond the tolerance limit of others, which is not tolerated by society and is rejected.

   In the case of 1884, most sailors and their families could accept their cannibalism, while some could not, such as those "lords" in Westminster who had never sailed at sea.

If the three adults had not done so at the time, and had been moral, they would have met one of the outcomes proposed in the Canaanders board, namely that the two died by giving in to each other, even though they were 4 years away from being rescued. day time.

  But it is impossible for the people on board to predict the future. How do they know when they will be saved?

Although the final outcome of this case was that they were not sentenced to hang, but were imprisoned for 6 months, Captain Dudley returned to Australia after he was released from prison. Died of the Black Death in Australia.

  The defense lawyers of Dudley and Stephens once defended them as insanity. This standard was determined according to the 1843 MacNaughton Rules, and this criterion was also the first defense criterion on insanity in the Anglo-American legal system.

Dantony McNaughton was the illegitimate son of a Scottish carpenter. He was originally employed by his father, and later taught himself acting and oratory. He also performed in a small theater in Glasgow for a while, but there was no improvement, so he opened in 1835. A carpenter's workshop.

   There is nothing to say about a small person like him, but he was an active participant in the Chartist movement, and he "thought" he was being followed by the British police. Prime Minister Peel did establish Scotland Yard in 1829.

   Believing that he was being watched by the Prime Minister's personal spies, he told Abram Duquesne, a leading figure in the Glasgow Chart movement, that he, too, felt he was being followed and watched.

  Three years before this, in 1840, there was a man named Edward Osford who tried to assassinate Queen Elizabeth and her husband, Prince Albert. In 1800, due to the Hatfield case, George III signed a bill called the "Safe Guardianship of Mentally Abnormal Offenders Act", which allowed Hatfield to live in prison or hospital "permanently" until the king or queen reissued.

  At that time, the Queen and his wife were riding in a carriage on the boulevard. Edward Osford saluted the carriage like everyone else. Then he suddenly took out a pair of pistols and stabbed them, but they missed.

  After the incident, the police found many correspondence and documents in his residence, all kinds of evidence pointing to his participation in a secret organization of "Young England", but it is not known what the purpose of this group is.

  Osford was accused of treason for attempting to assassinate the Queen. Later, five psychiatrists came and found that this person was mentally abnormal.

  Osford is mentally weak, weird, or violent, but none of these constitutes a mental disorder based on the standard of right or wrong.

   Then it was discovered that this "Young England" organization was a fictional creation by Osford, and that this group only existed in his mind.

   At that time, there was no psychological term for "multiple personality". In other words, the communication between those "members" was Osford's own split personality communicating with each other.

  Compared to Hetfield's delusion that he believed that he caused the destruction of the world and must save the world by himself, Osford is completely delusional, and he has a family history of illness. His grandfather died in a lunatic asylum.

He also has a mentally retarded younger brother. In short, he was imprisoned in a mental hospital and became "patient friends" with Heitfield. Heitfield has been imprisoned there for 40 years since 1800. The second Hetfield died in 2010 at the age of 69.

  Osford taught himself French, German, Italian, Spanish, Latin and Greek after entering the madhouse. He also taught himself the violin, was a master at checkers and checkers in the sanatorium, and even had the help of doctors when the asylum was moved elsewhere in 1864, when they thought he could be "discharged".

  Osford committed the crime of assassinating the Queen, and because of the 1800 Act, he needed "the Queen's hair" to get out.

But this involves another issue. As the name suggests, the Court of Thrones is related to the king. It was first separated from the Royal Council. It was the institution where the Carolingian monarchs issued decrees, usually circuit courts, and brought them in with the Normans. England, fixed at Westminster after centuries.

Before 1873, the Court of the Queen's Bench still had jurisdiction over criminal cases. After the judicial reform in 1873, the jurisdiction of the Court of the Queen's Bench was transferred to the High Court. The original Royal Chief Justice and five permanent judges became the Queen's Bench Chamber of the High Court. , to accept cases under its jurisdiction.

  By 1881, the High Court's Civil Prosecutions Division and Finance and Taxation Division were merged into the new Throne Court, which meant that the Minister of the Interior could resolve the matter of pardoning Osford without waiting for the Queen to deal with it.

  Osford has been applying since 1864, but the Minister of the Interior has never paid attention to it. In 1867, the Secretary of the Interior agreed to release him, provided that he left the UK.

So in 1868, there was a man named John Freeman in Melbourne. Osford married a woman 20 years younger in this capacity. They later had children, and no one knew that he had done it in England until his death. something.

  After the Queen's assassination broke out, many people were speculating about Osford's purpose, whether he was a Chartist or a German, because at that time Britain and Germany were fiercely competing for overseas colonies.

Mark Naton, who was "also" a Chartist, ran to France first, but the "ghosts" following him did not disappear. They destroyed the original peace in Mac Naton's heart, so he continued to run away until he couldn't bear it anymore. It was decided to tackle the problem "at the source".

  He went to Downing Street, followed a man who looked a lot like the Prime Minister, followed him to a private bank, waited for the man to shoot him on the way back from the private bank to Downing Street.

   Mac Natton's target was the prime minister, but he killed the prime minister's secretary. After the incident, Scotland Yard found out that Mac Natton was an active member of the Chartist movement, but his popularity was far less than that of Duquesne.

Although he killed the wrong person, the case still has to be judged. After discussion by the justices, they believed that if a person is controlled by some internal disease, causing a criminal act, and it can be clearly proved that the accused party was mentally ill when the act was carried out. Abnormal, ignorant of the nature and consequences of what he has done, unaware that it is a criminal act, then he is innocent.

   Generally speaking, it is difficult to find such definite evidence, and lawyers do not recommend using insanity as a defense of innocence, but the case of Dudley and Stephens is very special.

  Rightor wrong?

  Everyone can tick the options they think are acceptable, but this is not a referendum, not to mention that not everyone in the UK had the right to vote at the time.

  The bigger the case, the higher the reputation. The lawyer who wins will have a bright future, but what about the lawyer who loses?

  As the prosecution who wanted to convict the defendant, he opposed the defendant's defense lawyer's defense of insanity, although the defendants had no evidence to prove that they were insane in their actions at the time.

  Dudley and others landed in Cornwall. The Circuit Court of Thrones first accepted the case, and the jury was also selected by local residents. They overwhelmingly believed that Dudley and others were innocent. In December the case was heard at Westminster, before the Chief Justice of the Queen's Bench Division of the Supreme Court, and they were all found guilty and hanged.

  Such a judgment did not convince "everyone", so the Queen used her power of amnesty to exempt Dudley and Stephens from the death penalty, and then they were sentenced to 6 months in prison by Home Secretary Sir Harcourt.

  Although Mark Naton was finally convicted of insanity, although he was not guilty, he became a patient of Osford in 1865 and died in the same year. Osman became a free man in 1867.

  The queen still has the right to dissolve the parliament and remove the prime minister, but in 1840, Queen Victoria had just ascended the throne.

  Queen Victoria is the longest reigning queen in the United Kingdom. She has witnessed the prosperity of the United Kingdom. There are 44 years between 1884 and 1840. Many things have changed.

  In 1851, the United States introduced the MacNaton rule, which was adopted by the federal courts and most state courts, but a psychologist named Isaac Ray raised objections.

  Insanity in the Napoleonic Code is based on the provisions of responsibility. According to the law of the Twelve Tables, people who waste money will be deprived of property rights and handed over to their relatives for management. Of course, waste is not lack of judgment or other problems, but the ability to be responsible is tested.

  During the French Revolution, there was a queen whose luxurious life led to a national deficit. Although her husband signed the charter, he planned to run away, and the couple were later arrested.

In 1833, the Scotsman who even listed whether he was a living thing killed someone for three pounds. He could recognize three pounds, and of course he could count 20 shillings, so he did not meet the requirements of "a madman has no mental ability to distinguish between right and wrong, good and evil." There was no "delusion" either, so he was sentenced to death.

  Pomona has always believed that food can bring happiness, but this guy in front of her destroyed the good things in her heart after the unicorn.

   "Have you figured it out yet?" Pomona asked.

   "I don't know how to describe it," Snape said.

   "What's hard to describe?" Pomona asked.

   "They warned him not to drink seawater, but he did," said Snape. "Why didn't he listen?"

   "Maybe he was too thirsty," Pomona said.

   "It's not because he's a kid?" he said with a malicious smile.

  Pomona didn't think it was funny at all.

   "Let me think about it." He said coldly, "This kind of child who is ignorant of the world and fearless."

  She shook her head, sincerely hoping that Harry Potter wasn't such a kid, otherwise they would suffer in the future.

  (end of this chapter)