The Medical Jurisprudence of Insanity: With References to the Scotch and American Decisions |
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Page 19
... judge of the Prisoner's State of Mind . 6 522. Procedure on trial of issue of Sanity or Insanity . $ 523 . Proof of Insanity - Hereditary Tendency . § 524. Proof of Hereditary Predisposition - Rule of Law . ý 525. The American Rule as ...
... judge of the Prisoner's State of Mind . 6 522. Procedure on trial of issue of Sanity or Insanity . $ 523 . Proof of Insanity - Hereditary Tendency . § 524. Proof of Hereditary Predisposition - Rule of Law . ý 525. The American Rule as ...
Page 37
... Judge Lynch . But the law wisely steps in and protects accused persons , and says vengeance must only fall upon the guilty . To dis- cover the really guilty person , time must elapse , and inquiry must be made . Meanwhile , the victim ...
... Judge Lynch . But the law wisely steps in and protects accused persons , and says vengeance must only fall upon the guilty . To dis- cover the really guilty person , time must elapse , and inquiry must be made . Meanwhile , the victim ...
Page 46
... judge and jury , lest , on the one side , there be a kind of inhumanity towards the defects of human nature , or , on the other side , too great an indulgence given to great crimes . " ! And we have Baron Alderson saying that a man may ...
... judge and jury , lest , on the one side , there be a kind of inhumanity towards the defects of human nature , or , on the other side , too great an indulgence given to great crimes . " ! And we have Baron Alderson saying that a man may ...
Page 49
... Judges . after the trial of McNaughten , who shot Mr. Drummond in 1843 , and which elicited those answers which may be re- garded as the authoritative exposition of the law at the present time , were called for . These answers , which ...
... Judges . after the trial of McNaughten , who shot Mr. Drummond in 1843 , and which elicited those answers which may be re- garded as the authoritative exposition of the law at the present time , were called for . These answers , which ...
Page 56
... judge of the horse - power of a loco- motive from examining the cylinder and the wheels without looking at the ... Judges are these : ' That before a plea of insanity should be allowed , undoubted evidence ought to be adduced that the 8 ...
... judge of the horse - power of a loco- motive from examining the cylinder and the wheels without looking at the ... Judges are these : ' That before a plea of insanity should be allowed , undoubted evidence ought to be adduced that the 8 ...
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Common terms and phrases
action affected aphasia arise ascer asylum become believe brain character circumstances commission committed conduct connection consequences considered contract Court crime criminal acts defect delirium delirium tremens delusion dementia deprive dipsomania disposition distinguish drunkenness epilepsy epileptic evidence excitement executed existence fact faculties feeling ground habit Hagg idiocy idiot imbecility impulse incapable incapacity individual influence insane persons intellectual intoxication irresponsible Judge jury kleptomania laboring legal relations Lord Lord Advocate Lord Eldon Lord Penzance lucid interval lunacy lunatic mania manifested means melancholia memory mental disease monomania moral insanity morbid motives murder nature object opinion ordinary party patient principle prisoner proof proved punishment question rational reason regard responsibility rule sane sanity seems sense sion Sir Charles Mordaunt sleep somnambulism somnambulist sound mind sufficient suicide symptoms testamentary capacity testator theft thing thought tion true understand volition weakness words
Popular passages
Page 76 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Page 300 - Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Page 89 - In considering this very interesting question we immediately ask ourselves, what is a contract? Is a grant a contract? A contract is a compact between two or more parties, and is either executory or executed. An executory contract is one in which a party binds himself to do or not to do a particular thing; such was the law under which the conveyance was made by the governor.
Page 239 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Page 203 - Go — you may call it madness, folly ; You shall not chase my gloom away. There's such a charm in melancholy, I would not, if I could, be gay. Oh, if you knew the pensive pleasure That fills my bosom when I sigh, You would not rob me of a treasure Monarchs are too poor to buy ! S.
Page 50 - ... the jurors ought to be told in all cases that every man is to be presumed to be sane and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction...
Page 160 - Actions are, by their very nature, temporary and perishing ; and where they proceed not from some cause in the character and disposition of the person who performed them, they can neither redound to his honour, if good ; nor infamy, if evil.
Page 49 - What is the law respecting alleged crimes committed by persons afflicted with insane delusion in respect of one or more particular subjects or persons; as, for instance, where at the time of the commission of the alleged crime the accused knew he was acting contrary to law, but did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some supposed public benefit?" In answer to which question, assuming...
Page 47 - Delusion, therefore, where there IS no frenzy or raving madness, is the true character of insanity ; and where it cannot be predicated of a man standing for life or death for a crime, he ought not, in my opinion, to be acquitted...
Page 46 - ... it is not every kind of frantic humor or something unaccountable in a man's actions, that points him out to be such a madman rs is to be exempted from punishment ; it must be a man that is totally deprived of his understanding and memory, and doth not know what he is doing, no more than an infant, than a brute, or a wild beast...