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The more one studies the subject represented by the title of this book the more one becomes discouraged at any effort to improve conditions in this field. On the other hand, when one looks back over the history as it has unfolded in the past century one realizes that despite the continuity of outward form, that subtle artificer—Change—has been continually effecting improvements, and when one looks into the future one realizes again that all sorts of possibilities exist because the future is being built out of a present which is more intolerant of traditions than the past.
This book takes up the subject matter of insanity as a defense in criminal law practically from the point in 1843 when the judges rendered their famous decision following the M'Naghten Case. The law and the procedure is cited for every state of the Union and the outstanding legal opinions are discussed, the classification of the material being not in accordance with the states, but a classification depending upon a practical consideration of the subject matter. The net result as one reads through the pages is the conclusion which gradually forms in his mind that in the ninety years since the judges' opinion there has been little or no progress despite the fact that there have been thousands, probably tens of thousands, of charges to juries based upon the principles of this opinion as they have been from time to time included in the substantive law, particularly in what is known as the right and wrong test, that nevertheless no two interpretations seem to be the same; in fact, apparently throughout these