without their effect on human judgments, and that precipitate decisions, or decisions based upon momentary irritation, or decisions, the severity of which they may afterwards regret, are to some extent the result of those influences.  The same caution is applicable to those who have to deal with convicted men; it should be remembered by them that in summer their tempers are more easily tried, while they have at the same time more to try them; and the knowledge of these facts should keep them on the alert against themselves.

While increased temperature undoubtedly decreases personal responsibility, it is a most difficult matter to decide whether this factor ought to be taken into consideration when passing sentence on criminal offenders.  It is much more truly an extenuating circumstance than the majority of pleas which receive the name.  In a variety of cases, such, for instance, as threats, assaults, manslaughter, murder, a high temperature unquestionably sometimes enters as a determining factor into the complex set of influences which produce these crimes.  But the first difficulty confronting a judge, who endeavours to take such a factor into account, will he the difficulty of discovering whether it was present or not in the individual case he has before him.  In reply to this objection it may be urged, and urged too with considerable truth, that this hindrance is not insuperable.  It is possible to overcome it by noting whether the case in question stands alone, or whether it is only one among a group of others taking place about the same period.  Should it turn out to be a case that stands alone, it would be fair to assume that temperature is not a cause requiring to be taken into consideration in dealing with the offender.  Should it, on the contrary, turn out to be one in a group of cases, it would be equally fair to assume that temperature was not without its effect in determining the action of the offender.

Having got thus far, having isolated temperature from among the other causes, and having fixed upon it as the most potent of them all, what would immediately and imperatively follow?  As a matter of course it would ensue that a person whose deeds are powerfully influenced by the action of temperature is to that extent irresponsible for them.  To arrive at such a conclusion is equivalent to saying that such a person, if his offences are at all serious, constitutes a grave peril to society.  In a sense, he may be less criminal, but he is certainty more dangerous; and as the supreme duty of society is self-preservation, such a person must be dealt with solely from that point of view.  It would be ridiculous to let him off because he is largely irresponsible; his irresponsibility is just what constitutes his danger, and is the very reason he should be subjected to prolonged restraint.