A treatise on the medical jurisprudence of insanity (Google eBook)

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Little, Brown, 1853 - Insanity (Law) - 521 pages
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Page 259 - Pray, do not mock me. I am a very foolish fond old man, Fourscore and upward, not an hour more nor less; And, to deal plainly, I fear I am not in my perfect mind. Methinks I should know you, and know this man; Yet I am doubtful; for I am mainly ignorant What place this is; and all the skill I have Remembers not these garments; nor I know not Where I did lodge last night. Do not laugh at me; For (as I am a man) I think this lady To be my child Cordelia.
Page 45 - What are the proper questions to be submitted to the jury, where a person alleged to be afflicted with insane delusion respecting one or more particular subjects or persons, is charged with the commission of a crime (murder, for example), and insanity is set up as a defence?" And, thirdly, "In what terms ought the question to be left to the jury as to the prisoner's state of mind at the time when the act was committed?
Page 57 - Our statutes may declare, as they do, that " no act done by a person in a state of insanity can be punished as an offence, and no insane person can be tried, sentenced to any punishment, or punished for any crime or offence while he continues in that state.
Page 46 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Page 46 - If his delusion was that the deceased had inflicted a serious injury to his character and fortune, and he killed him in revenge for such supposed injury, he would be liable to punishment.
Page 27 - Lyndhurst told the jury that they must be satisfied, before they could acquit the prisoner on the ground of insanity, that he did not know when he committed the act what the effect of it, if fatal, would be. With reference to the crime of murder...
Page 43 - ... he was committing ; or, in other words, whether he was under the influence of a diseased mind, and was really unconscious at the time he was committing the act that it was a crime.
Page 44 - Lordships' inquiries are confined to those persons who labour under such partial delusions only, and are not in other respects insane, we are of opinion that, notwithstanding the party accused 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 public benefit, he is nevertheless punishable according to the nature of the crime committed, if he knew at the time of committing such crime that...
Page 11 - There is a partial insanity," says he, "and a total insanity. The former is either in respect to things, quoad hoc vel Ulud insanire. Some persons that have a competent use of reason, in respect of some subjects, are yet under a particular dementia, in respect of some particular discourses, subjects, or applications, or else it is partial in respect of degrees...
Page 44 - ... notwithstanding the party accused 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 public benefit, he is nevertheless punishable according to the nature of the crime committed, if he knew at the time of committing such crime that he was acting contrary to the law; by which expression we xinderstiind your lordships to mean the law of the land.

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