Leading Cases Simplified: A Collection of the Leading Cases in Criminal Law

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Bancroft-Whitney, 1892 - Constitutional law - 311 pages
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Page 7 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Page 9 - A man is not to be excused from responsibility, if he has capacity and reason sufficient to enable him to distinguish between right and wrong as to the particular act he is then doing; a knowledge and consciousness that the act he is doing is wrong and criminal, and will subject him to punishment.
Page 7 - Can a medical man conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime? or his opinion whether the prisoner was conscious at the time of doing the act that he was acting contrary to law, or whether he was labouring under any and what delusion at the time?
Page 10 - On the contrary, although he may be laboring under partial insanity, if he stills understands the nature and character of his act, and its consequences; if he has a knowledge that it is wrong and criminal, and a mental power sufficient to apply that knowledge to his own case, and to know that, if he does the act, he will do wrong and receive punishment : such partial insanity is not sufficient to exempt him from responsibility for criminal acts.
Page 16 - ... power, the inestimable gift of reason. If it is perverted or destroyed by fixed disease, though brought on by his own vices, the law holds him not accountable. But if by a voluntary act he temporarily casts off the restraints of reason and conscience, no wrong is done him if he is considered answerable for any injuiy which in that state he may do to others or to society.
Page 11 - ... 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 as 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...
Page 254 - ... upon either. In these cases he is not obliged to retreat, but may pursue his adversary until he has secured himself from all danger; and if he kill him in so doing, it is called justifiable self-defense.
Page 18 - An exception is when the crime is committed by a party while in a fit of intoxication, the law not permitting a man to avail himself of the excuse of his own gross vice and misconduct to shelter himself from the legal consequences of such crime.
Page 6 - 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 avenging some supposed grievance or injury, or of producing some supposed public benefit.
Page 139 - The river Rhine, it is well known, Doth wash your city of Cologne; But tell me, Nymphs! what power divine Shall henceforth wash the river Rhine?

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