title: Classics in psychiatry and the law: Francis Wharton on involuntary confessions.
abstract: Philadelphia attorney Francis Wharton was a key intellectual figure in linking the sciences of medicine and law. In 1860, he published a monograph on involuntary confessions, which represented the closing chapter of Wharton and Stillé's Treatise on Medical Jurisprudence. He had already published A Monograph on Mental Unsoundness in 1855, the first book of the Treatise in its first edition. Wharton was convinced that many criminals had an inner compulsion to confess or to be caught, explained as divine jurisprudence. His remarks on confessions include a typology spanning psychodynamics to police tactics, using contemporaneous, historical, and literary examples. This remarkable document provides insight into the dynamics of unintended and involuntary confessions and is compatible, in part, with current scholarship. The author contrasts Wharton's schema with those of his English predecessor Jeremy Bentham, the psychoanalyst Theodore Reik, and others, and concludes that it represents an important transition toward a psychological approach to the criminology of confessions.
authors.affiliation: Forensic Psychiatry Fellowship Program, University of Pennsylvania School of Medicine, Philadelphia, PA, USA. kweiss@comcast.net
authors.forename: Kenneth J
authors.initials: KJ
authors.lastname: Weiss
mesh_terms: D003417:Criminal Psychology / Q000266:history*; D005104:Expert Testimony / Q000331:legislation & jurisprudence*; D005555:Forensic Psychiatry / Q000331:legislation & jurisprudence*; D006167:Guilt; D049673:History, 20th Century; D006801:Humans; D008374:Manuscripts, Medical as Topic / Q000266:history*; D001523:Mental Disorders / Q000266:history*; D014342:Truth Disclosure; D014481:United States