February 19, 1859: First Successful Use of Temporary Insanity Defense

A Brief History

On February 19, 1859, New York Congressman Daniel E. Sickles made history as the first person acquitted by reason of “temporary insanity.” The charge of murdering his wife’s lover was all the more historically significant because the victim was the son of Francis Scott Key, author of our National Anthem!

Digging Deeper

The theory behind the temporary insanity plea is closely aligned with the idea that in the throes of extreme emotion (passion) a person cannot think clearly and may do something out of his or her realm of control. While this condition certainly seems to be something that can be readily accepted by many people (ie., Moi), proving that this mental state of mind was present during the subject crime is another story. So called psychological and behavior experts must be brought in to argue both sides of the debate in court, in order to convince a jury that such a state of mind existed and overwhelmed the accused person’s normal thinking process.

Although crimes associated with an extreme psychological/emotional shock that take place in very close proximity (time wise) together seems credible, what about a long tern situation when the crime takes place not simultaneous to the emotional event, but is caused by a build up of tension over a period of time? Such a defense has been used by battered wives and sexually abused victims.

It seems Representative Sickles was quite the character, having married a 15 year old girl when he was 31 years old, though he falsified his own age by 6 years to appear younger, as this marriage was frowned upon by both families. Sickles had also been censured for bringing a prostitute to the New York Assembly chambers (when he was a representative there) and had taken a prostitute to a government trip to London as well, and compounding the breach of protocol by presenting the prostitute to the Queen of England using an alias with the last name of a political opponent! In spite of his own philandering, the hypocritical politician became enraged when he found out District of Columbia District Attorney Phillip Barton Key II was having an affair with Sickles’s wife. Apparently in the throes of temporary insanity at such an extreme provocation, Sickles shot the hapless Key to death.

When arrested and jailed for the crime of murder, Sickles was treated as a celebrity and was allowed to keep his personal pistol with him in jail! Numerous politicians visited the accused murderer, and President Buchanan even sent him a note. A confession to the affair by Sickles’ wife was presented in court, and the newspapers blared “news” that Sickles had rid the good people of the US of a dangerous womanizer. When acquitted, Sickles promptly made a public show of forgiveness to his wife, and did not resign from Congress. In fact, when the Civil War broke out Sickles was commissioned as a General, having been previously a Major in the State Militia. When Congress refused to confirm Sickles commission as a general, Sickles rallied his political supporters and got his commission back. Sickles’s service time was closely associated with that of Maj. General Joseph Hooker, and the 2 officers were known as womanizing hard drinkers. (The epithet “hooker” for a prostitute owes its origin to Joe Hooker and these bawdy wartime conditions of his command.) Sickles was the only Union General assigned as a Corps Commander without having graduated from West Point, but surprisingly most of his combat time reflected favorably on his courage and judgment.

Dan Sickles fought in the Gettysburg campaign, and even lost a leg there, winning a Medal of Honor in the process (34 years later), although he had blundered his unit into near annihilation. Sickles donated his mangled, amputated leg to the Government for medical research, and those remains are today located in the National Museum of Health and Medicine! After the War, Sickles repeatedly criticized the leadership of General Meade at Gettysburg.

Dan Sickles maintained his military commission for several years after the Civil War, and also served in various diplomatic roles, still known for his chasing of the ladies. Sickles also served in other State and local government positions and wound up involved in the embezzlement of funds from the New York Monuments Commission.

Sickles lived out his storied life until he died at the ripe old age of 94 in 1914. A biography of this star crossed man was released in 2002, An American Scoundrel: The Life of the Notorious Civil War General, Dan Sickles, by Thomas Keneally. Sickles has also appeared in alternate history novels and is buried in Arlington National Cemetery.

Question for students (and subscribers): Do you believe in the “temporary insanity” defense? Please share your thoughts on this legal maneuver, both for and against in the comments section below this article.

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