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Journal Article

Citation

Weiss KJ, Gupta N. J. Am. Acad. Psychiatry Law 2018; 46(4): 503-512.

Affiliation

Dr. Weiss is the Robert L. Sadoff Clinical Professor of Forensic Psychiatry at the Perelman School of Medicine, University of Pennsylvania, Philadelphia. Dr. Gupta is Attending Psychiatrist, Ann Klein Forensic Center, West Trenton, NJ, and in private practice. At the time of writing, Dr. Gupta was a Fellow in Forensic Psychiatry at the Perelman School of Medicine, University of Pennsylvania, Philadelphia.

Copyright

(Copyright © 2018, American Academy of Psychiatry and the Law, Publisher American Academy of Psychiatry and the Law)

DOI

10.29158/JAAPL.003795-18

PMID

30593481

Abstract

The 1843 M'Naghten verdict led to reformulation of the British criminal insanity standard, which American jurisdictions noted. In 1846, New York State tried William Freeman for slaying several members of the Van Nest family at their home near Auburn, New York. Mr. Freeman had been obsessed with false imprisonment for horse theft. His defense attorney, former governor William Seward, sought an insanity verdict, citing reaction to racist maltreatment as the cause. Though Mr. Freeman was impaired, a jury found him competent to stand trial. The competency adjudication created confusion in the trial court about the admissibility of medical testimony on criminal responsibility, resulting in exclusion of key psychiatric findings. Meanwhile, the interracial killings caused a sensation in the press, which vilified the defendant. Again, the defense argued that maltreatment created mental illness. A second jury convicted Mr. Freeman and the judge sentenced him to death. Seward filed a Writ of Error, and the New York State Supreme Court reversed the conviction, clarifying competency versus criminal responsibility and proclaiming the M'Naghten Rule as the standard in New York. A century later, attorneys cited Mr. Freeman's dynamics to explain and mitigate the violent actions of some African-Americans. We examine the insanity defense during the 1840s and explore twentieth-century "black rage" reverberations of the Freeman case.

© 2018 American Academy of Psychiatry and the Law.


Language: en

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