The Medical Jurisprudence of Insanity: With References to the Scotch and American Decisions |
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Page 48
... doubt that that is a cogent ob- jection against all these rules . We cannot think , however , that these rules were unjust in practice . We feel convinced that in most cases the jury did not understand the word " know " in its separate ...
... doubt that that is a cogent ob- jection against all these rules . We cannot think , however , that these rules were unjust in practice . We feel convinced that in most cases the jury did not understand the word " know " in its separate ...
Page 56
... doubt that this seeming unsatisfactoriness is due rather to a mistake and misapprehension as to the true mean- ing of the test than to any inherent defect in the test itself . Those who censure it do not seem to have taken the trouble ...
... doubt that this seeming unsatisfactoriness is due rather to a mistake and misapprehension as to the true mean- ing of the test than to any inherent defect in the test itself . Those who censure it do not seem to have taken the trouble ...
Page 57
... doubts as to the existence of a conscience . They mean that we are to judge by means of the principle of action ; and we are so far from thinking that it is the in- tention of the law to make a speculative belief the test of in- sanity ...
... doubts as to the existence of a conscience . They mean that we are to judge by means of the principle of action ; and we are so far from thinking that it is the in- tention of the law to make a speculative belief the test of in- sanity ...
Page 64
... doubt that monomaniacs can - that as on all subjects apart from his delusion he is a rational being , he is to be treated as what he is . Supposing such a man with slow malice , and hungry greed for the money which would accrue to him ...
... doubt that monomaniacs can - that as on all subjects apart from his delusion he is a rational being , he is to be treated as what he is . Supposing such a man with slow malice , and hungry greed for the money which would accrue to him ...
Page 69
... doubt could , it seems , in any case arise . In the examination of a case where duress is pleaded , as in Broom's Com . , p . 860 . the case of a crime committed by a feme covert 69 218 CAPACITY AND RESPONSIBILITY . The reasons for ...
... doubt could , it seems , in any case arise . In the examination of a case where duress is pleaded , as in Broom's Com . , p . 860 . the case of a crime committed by a feme covert 69 218 CAPACITY AND RESPONSIBILITY . The reasons for ...
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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...