Not guilty of murder by reason of paroxysmal insanity: The “mad” doctor vs. “common-sense” doctors in an 1865 trial

Abstract

In July 1865, the Harris/Burroughs trial marked the first time in a U.S. courtroom that expert medical testimony supported a plea of paroxysmal [temporary] insanity in a murder defense. Furthermore, the "medical expert" ["mad doctor"] was pitted against "common-sense" physicians. Forensic rationales and societal reactions of the 1860s appear to be remarkably similar to what happens in the 1990s. By merely changing the antebellum language, the arguments and ripostes could readily be recycled into current temporary insanity confrontations. Sociocultural aspects of the Harris/Burroughs murder case may yield clues as to the persistence of the forensic and attitudinal stances toward temporary insanity pleas by the mass media, the physicians, the legal profession and the public.