The Medical Jurisprudence of Insanity: With References to the Scotch and American Decisions |
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Page 16
... Persons . 363. Effect of Drunkenness upon Deed . $ 364 . Drunk Person liable for Torts . § 365. Effect of Drunkenness upon Testamentary Capacity . $ 366 . The Burden of Proof . § 367. Incapacity produced by Medicines . § 368 ...
... Persons . 363. Effect of Drunkenness upon Deed . $ 364 . Drunk Person liable for Torts . § 365. Effect of Drunkenness upon Testamentary Capacity . $ 366 . The Burden of Proof . § 367. Incapacity produced by Medicines . § 368 ...
Page 18
... Persons laboring under Partial Mania . § 452. The Influence of Delusional Beliefs upon the Capacity of Witnesses . § 453. Difficulty of arriving at a conclusion as to Credibility of Testimony . 454. Necessity for Corroboration . 455 ...
... Persons laboring under Partial Mania . § 452. The Influence of Delusional Beliefs upon the Capacity of Witnesses . § 453. Difficulty of arriving at a conclusion as to Credibility of Testimony . 454. Necessity for Corroboration . 455 ...
Page 37
... 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 is forgotten , and sympathy is with the criminal . The public ...
... 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 is forgotten , and sympathy is with the criminal . The public ...
Page 38
... persons ; but it is altogether wrong to allow one's views of the expediency or rightness of punishment by death to influence one's views of the mental condition of any person accused of crime , or to suffer one's opinions of what the ...
... persons ; but it is altogether wrong to allow one's views of the expediency or rightness of punishment by death to influence one's views of the mental condition of any person accused of crime , or to suffer one's opinions of what the ...
Page 41
... persons , or persons who are called insane . There has been some confusion introduced into this question by the use of the word insane , and for ourselves we should have pre- ferred a definition of disability and irresponsibility ...
... persons , or persons who are called insane . There has been some confusion introduced into this question by the use of the word insane , and for ourselves we should have pre- ferred a definition of disability and irresponsibility ...
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Other editions - View all
Common terms and phrases
affected ascer asylum believe brain capacity causes of insanity circumstances classification commission committed condition conduct connection considered contract Court Court of Equity crime criminal acts defect delirium delirium tremens delusion dementia deprive dipsomania drunkenness epilepsy epileptic erotomania evidence existence fact faculties ground habit Hagg idiocy idiot imbecility impulse incapable individual influence insane person intellectual irresponsible Judges jury kleptomania knowledge laboring Lord Lord Advocate Lord Eldon Lord Portsmouth lucid interval lunacy lunatic mania manifested means melancholia memory mental disease mental unsoundness monomania morbid motives murder nature non compos mentis object observation opinion ordinary party patient presumption principle proof proved punishment pyromania question rational reason regard relation responsibility rule sane sanity seems sense somnambulism suicide symptoms testamentary testamentary capacity testator thing thought tion true understand unsound mind unsoundness of mind volition weakness witness 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...