Gelb S A
School of Education, University of San Diego, CA 92110, USA.
Health Place. 1997 Jun;3(2):123-9. doi: 10.1016/s1353-8292(97)00006-3.
This paper describes the role played by the notion of asylum in the legal battle over confessed murderer Jean Gianini's mental competence and commitment. Gianini was a 16 year old who murdered his former teacher in a small upstate New York town in 1914. His trial was the first in the US to employ the Binet-Simon intelligence test as a defence and featured a clash of expert witnesses whose credibility was based upon their residence and work in asylums. The verdict of 'not guilty due to criminal imbecility' was due to the defence team's successful portrayal of the asylum as a punishing prison from which the defendant would never be released.
本文描述了庇护概念在 confessed murderer 让·贾尼尼的精神能力及关押问题的法律斗争中所起的作用。贾尼尼16岁,1914年在纽约州北部一个小镇谋杀了他的前教师。他的审判是美国首例使用比奈-西蒙智力测试作为辩护手段的案件,庭审中专家证人之间发生了冲突,他们的可信度基于他们在精神病院的居住和工作经历。“因精神低能而无罪”的判决是由于辩护团队成功地将精神病院描绘成一个惩罚性的监狱,被告将永远无法从中获释。 (注:“confessed murderer”直译为“承认有罪的杀人犯”,这里根据语境调整为“被控杀人犯”更合适)