The Medical Jurisprudence of Insanity: With References to the Scotch and American Decisions

John Hutton Balfour Browne

S. Whitney & Company, 1880 - Insanity (Law) - 713 pages

Contents

• INSANITY CAPACITY AND RESPONSIBILITY 1 Introduction: 37
• 2 The question of Capital Punishment 3 The atrocity of the crime in connection with Insanity: 38
• 4 Reasons why the question of Responsibility has not received a satisfac tory answer: 39
• 5 The necessity for legislative enactments as to the Insane: 40
• Laws with regard to Lunatics: 41
• 7 Responsibility for Crime consideredForeign rules of: 43
• Responsibility of the InsaneFormer English rules: 45
• Rules of law considered: 48
• These Answers consideredObjections: 51
• The Test in relation to Monomania: 53
• Objections to this Test considered: 55
• This Test in relation to Impulsive Insanity: 58
• The Test further considered: 60
• Delusions in relation to Criminal Responsibility: 62
• 17 The reasons for regarding certain Insane Persons as Irresponsible 18 Principle of law illustrated: 69
• 19 The Objects of Punishment: 70
• 20 Punishment considered: 71
• 73 Degree of Imbecility how it may be ascertained: 73
• 21 Proposed Graduation of Responsibility: 74
• PART II: 76
• 23 The degree of Capacity required for Willmaking: 78
• Testamentary Capacity in relation to Delusions: 81
• 25 Capacity to Contract: 86
• Capacity to Contract in relation to Delusion: 88
• 27 Distinction between executed and executory Contracts by the Insane: 89
• 28 Commission of Lunacy 29 The Procedure on a Commission: 92
• 30 Incapacity which will justify an Inquisition: 95
• ON THE CAUSES OF INSANITY 32 Reason why the subject is treated in this work: 102
• 33 The difficulty of discovering the Cause of Insanity: 103
• 34 Classification of Causes 35 Of Remote or Predisposing Causes: 104
• 36 Other Remote Causes considered: 107
• 37 Argument as to Increase of Insanity 38 Influence of Civilization upon Insanity: 108
• 39 Sex considered in relation to the Causes of Insanity: 109
• 40 Age considered in relation to the Causes of Insanity 41 Education considered in connection with the Causes of Insanity: 111
• Hereditary Tendency: 112
• 43 Statistics of Hereditary Tendency 44 Pregnancy considered as a Cause of Insanity: 114
• Delivery considered as a Cause of Insanity: 115
• Religion considered in connection with the Causality of Mental Disease 47 Of Predisposition generally 48 Proximate or Exciting Causes: 117
• 49 The Moral Causes of Insanity: 118
• Causes which conduce to Epidemic Insanity: 119
• 51 Epidemic Insanity: 121
• As to the relation between Structure and Function: 124
• MENTAL UNSOUNDNESS AND CLASSIFICATIONS OF INSANITY 53 Definition of Sanity and Insanity: 125
• Different points of view of Lawyers and Physicians: 126
• 55 The Unscientific Study of Insanity as a Cause of the Slow Progress of the Medical Jurisprudence of Mental Disease: 127
• 56 The necessity for a Classification of Insanity: 128
• 57 Of Classifications: 129
• Dr Skaes and Dr Tuckes Classification 59 These Classifications Criticised: 132
• 60 Dr Maudsleys Classification: 133
• Dr Hammonds Classifications: 134
• Dr Bucknells Classification 63 Conclusion: 138
• AMENTI 64 Kinds of Amentia 65 Idiocy: 139
• Causes of Idiocy: 140
• Features of Idiocy: 141
• 68 CretinismIts Features: 142
• 69 Imbecility 70 Sir John Nicholls Description of Imbecility: 143
• 71 Imbecility distinguished from Idiocy: 144
• 72 Question of distinction between Imbecility and Idiocy considered: 145
• 75 Moral Imbecility: 147
• 76 The Education of Imbeciles: 151
• 77 The Limits of effective Punishment of Imbeciles: 152
• 78 Monoimbecility considered 79 Characteristics of Imbecility 80 Imbecility and Vice: 154
• 81 Classification of Imbecilities: 156
• THE LEGAL RELATIONS OF AMENTIA 82 Legal relations of Idiots: 157
• Irresponsibility of Idiots: 158
• 84 The Principles of Exemption from Punishment: 159
• 85 Imbecility in relation to Crime: 161
• Crimes committed by Imbeciles: 164
• 87 The principles of the law as applied to Imbecility: 172
• 88 Definition of Idiocy for the Court and not for the Jury 89 Contracts by Idiots and Imbeciles: 177
• 90 Weakness of Mind in connection with Fraud 91 The maxim as to SelfStultification considered: 178
• 92 Inquisition and its effect upon the power to enter into Contracts: 179
• 93 The Contract of Marriage in relation to Imbecility: 180
• 94 The Capacity of Imbeciles to make Wills: 184
• Commissions of Lunacy in relation to Amentia: 186
• 96 Changes in the: 193
• 97 How a Commission may be superseded: 196
• Conclusions: 197
• 100 Mental Defect and Bodily Disease: 199
• 101 Pathology and Mental Disease: 200
• 102 Bodily Organism and Mental Function: 201
• 103 Maniaits Symptoms: 202
• The Method of the Study of Insanity: 203
• Early Indications of Mania: 204
• 106 The Sane Consciousness of Maniacs 107 Anęsthesia in relation to Mania: 205
• 108 Voice Eye Skin and Appetite of Maniacs 109 Classification of Manias: 206
• 110 Further Classification: 207
• GENERAL INTELLECTUAL MANIA 111 General Intellectual Mania: 213
• PARTIAL INTELLECTUAL MANIA OR MONOΟΜΑΝΙΑ 116 The Psychology of Monomania: 214
• 117 Monomania in relation to the feelings of Pleasure and Pain 118 Monomania and Delusions 119 Distinction between Mania and Monomania: 216
• Mental and Physical Symptoms of Monomania 121 Fixed Ideas: 217
• Other Symptoms of Monomania 123 The Physical Suggestion of Delusion: 218
• The Moral Treatment of Monomania 125 Education in relation to Monomania: 219
• Cases of successful Moral Treatment: 220
• General Remarks: 224
• THE LEGAL RELATIONS OF MANIA 128 The Legal Relations generally 129 Cases in which the Plea of Insanity is generally pleaded: 226
• 130 Responsibility of Persons laboring under Mania 131 English Rule 132 Rule of Scotch Law with regard to Responsibility: 231
• American Rule as to Responsibility: 232
• Rule of Law as applicable to Cases of Mania 135 Partial Intellectual Mania in relation to Responsibility: 235
• 136 Objections to this Rule considered: 236
• 137 Other Objections discussed: 238
• 138 Inadequacy of Motive not a proof of Insanity: 239
• 139 Apparent Diversity in Criminal Courts as to Admission of Plea: 240
• Cases in which Delusion has been set up as a Defence: 241
• The real difficulty in cases of Monomania: 244
• Mania and Testamentary Capacity: 246
• Degree of Capacity required to make a Will: 247
• Difficulties of Proof: 248
• Testamentary Capacity and Monomania 146 Insanity in Sane: 249
• Sanity in Insane: 251
• Delusion Defined: 252
• Testamentary Capacity in relation to Delusion 150 The Rules of other Countries considered 151 The Rule of American: 258
• The Principles of Law in relation to Capacity considered: 261
• Lunatics liability for Torts: 270
• Insanity in relation to Partnership: 271
• Necessity for distinguishing Crime from Insanity: 274
• 158 Theories of Moral Insanity: 275
• 161 Ethics and Government 162 The relation of Laws and Morals: 276
• Distinction between Men and AnimalsMental Characteristics: 277
• When the existence of Moral Mania should be admitted: 278
• 165 What Physicians expect the Law to do in relation to Moral Mania 166 The nature of Moral Insanity considered: 280
• Peculiarities of the Cognitive Faculties: 281
• Insane Impulse considered: 282
• The Psychology of Healthy Choice: 284
• Irresistible ImpulsePathology: 285
• Characteristics of Impulse: 287
• General Remarks: 288
• Some Cases of Impulse: 289
• 174 Concluding Remarks: 294
• PARTIAL MORAL MANIA OR MORAT MONOMANIA 175 General and Special Insanity considered 176 Moral Monomania: 296
• 177 Disposition and Character: 297
• 178 Diseased Disposition and Exculpation 179 Partial Insanity considered: 298
• KLEPTOMANIA 180 The idea of Property: 299
• 181 Property and: 301
• Property and Theft 183 Theft in relation to Disease: 302
• Avarice and Hoarding 185 Theft not necessarily connected with Insanity: 303
• Where Theft is associated with Mental Disease: 304
• Theft arising from General ParalysisCases: 305
• Theft in relation to other DiseasesCases: 306
• Theft in relation to Delusion 190 TheftMadnessCases: 307
• 191 TheftMadnessConsidered: 309
• Kleptomania as a Premonitory Symptom of General Insanity 193 Necessity for distinguishing Kleptomania from Sane Theft: 310
• Bungling execution of Crime no proof of Insanity 195 Unusual circumstances in connection with Crime not a proof of In sanity: 312
• Uniformity in character of Crime not always proof of Insanity 197 Distinction between Sane Theft and KleptomaniaWhat should be had regard: 313
• The Value of the Article to be considered: 315
• 199 The Precautions taken in relation to the Theft: 316
• 200 Confession of the Crime 201 Conduct subsequent to Crime: 317
• As to the frequency of Kleptomania 204 How are Kleptomaniacs to be dealt with by Law?: 319
• EROTOMANIA 206 Sexual Instincts: 320
• Disease in connection with Sexual Instincts: 321
• Classification of Diseases manifested in relation to Sexual Instincts: 322
• Incapacity of Epileptics further considered: 323
• Erotomania 210 Of Simple Erotomania 211 Case of Simple Erotomania 212 More Depraved Forms of Erotomaniacal Impulse 213 Case of Erotom...: 324
• General Remarks as to Erotomania PART III DIPSOMANIA 215 Dipsomaniacs and Habitual Drunkards: 325
• The Physical Causes of Sleep: 326
• Practical Rule as to Diseased Propensity and Habit: 327
• Acute Dipsomania 218 Periodic or Recurrent Dipsomania: 328
• Chronic Dipsomania: 329
• 330 Relation of the Senses during Somnambulistic Sleep: 330
• 331 Somnambulism in connection with Catalepsy: 331
• PYROMANIA 220 Arson: 332
• Pyromania 222 As to Motives: 333
• 223 The Love of Bright Objects 224 Where act is dictated by Revenge: 334
• 225 Pyromania in connection with Delusions 226 Cases of Pyromania: 335
• Comments on last quoted Case: 336
• General Remarks as to Pyromania PART V SUICIDAL MANIA 229 Suicide and Insanity: 337
• Mental Condition on Waking from Sleep: 338
• Suicide the result of Insanity: 339
• Case of Suicidal Insanity 232 Power of Suggestion: 340
• Suicide in relation to Delusions 6234 The Modes of Death: 341
• 235 Age in relation to Suicide: 342
• Sex in relation to Suicide: 343
• Hereditary Transmission in relation to Suicide 238 Suicide and the Seasons: 344
• Assigned Motives for Suicide 240 Relation between Suicidal Mania and Homicidal Mania: 345
• HOMICIDAL INSANITY 241 As to the Existence of Homicidal Insanity: 346
• 242 Homicidal Impulse explained by Propensity: 347
• Rational Explanation of Impulse 244 Anger and Punishment: 349
• 245 Punishment and the Objects of Punishment: 350
• Murder in relation to Morbid Impulse: 351
• 247 Homicidal Impulse considered 248 The Limitation of the Impulse: 353
• 249 The Satisfaction of the Impulse or Desire: 354
• In many cases Homicidal Impulse would be restrained by Punishment 251 Cases of Homicidal Impulse: 355
• Comments on the last case 253 Concluding Remarks: 363
• THE LEGAL RELATIONS OF MORAL MANIA 254 The Scope of this Chapter: 365
• The Psychology of Eccentricity: 366
• The Legal Decisions in relation to Moral Insanity: 369
• Some recent cases: 373
• American Law with regard to this subject: 377
• 259 Civil Capacity of the Morally or Emotionally Insane: 381
• 260 Suicide in relation to Insurance: 383
• Same subject continued 262 Burden of proof: 386
• MELANCHOLIA 263 Diseases of Exaltation and Depression: 387
• 264 Melancholia why distinguished from other Diseases 265 Kinds of Melancholia: 388
• Simple Melancholia: 389
• Of the Mental Impairment of Simple Melancholia: 390
• 268 Physical Symptoms of Simple Melancholia: 391
• Importance of the Study of Simple Melancholia: 392
• 270 Case of Simple Melancholia: 393
• 271 Acute Melancholia 272 Physical Symptoms of Acute Melancholia 273 Melancholia in relation to Criminal Acts: 397
• 274 Impulse in connection with Melancholia: 398
• 275 The Legal Relations of Melancholia: 399
• DEMENTIA 276 Nature of Dementia: 400
• Case of Dementia described: 401
• Mental Symptoms of Mania 113 The Incoherence of Mania: 402
• 279 Dementia distinguished from Mania: 403
• The Incoherence of Dementia considered Psychologically: 404
• Mental Symptoms of Dementia: 405
• Excitement occurring in Dementia The Emotional Disorders of Dements 283 The Delusions of Dements: 406
• 285: 407
• Physical Symptoms of Dementia: 408
• Distinction between Acute and Chronic Dementia: 410
• The Stages of Dementia 289 The Cause affects the Course of the Disease: 412
• The Psychology of Mania 115 Characteristics of Mania: 413
• THE LEGAL RELATIONS OF DEMENTIA 292 Questions of Law to be considered in connection with Dementia 293 Testamentary Capacity: 414
• Illustration of the Legal Principles in relation to Capacity: 421
• 295 Dementia in relation to Commissions and Testaments: 423
• 296 Eccentricity does not Incapacitate: 424
• 297 Rule as to Inofficious Wills: 425
• Rule as to Wills made by very Old Persons: 426
• 299 Intellectual FeeblenessLegal Relations: 428
• 300 Mental Facility and its Legal Relations: 429
• 301 The supposed Recovery of Mental Power before Death 302 Fallacious Tests of Mental Capacity: 432
• 303 The duty of Subscribing Witnesses in relation to the Wills of Insane: 433
• 440 As to the Admissibility of the Evidence of the Deaf and Dumb: 440
• Lunatic a competent Witness during a Lucid Interval: 441
• The question of Evidence given during a Lucid Intervalconsidered: 442
• Medical Opinions as to the Rule of: 443
• 444 Method of Inquiry: 444
• 445 The Value of the Testimony of Idiots and Imbeciles: 445
• Persons 304 Dementia and the Capacity to Contract 305 The Responsibility of Dements 306 The case of Mordaunt v Mordaunt CHAPTER XIV EPI...: 446
• Circumstances and their influence upon Evidence given 448 The Unveracity of Imbeciles: 448
• 309 Common Manifestations of Epilepsy: 449
• The Varieties of Epilepsy: 450
• As to the Mental Condition of Epileptics: 451
• 312 Necessary to consider the Mental Condition at the time of the Seizure 313 Epilepsy very often followed by Insanity 314 Method of this Chapter: 452
• 315 Conditions Premonitary to the Attack 316 Peculiar Character of the Insane Beliefs associated with Epilepsy 317 Epileptics insane feelings of unh...: 456
• 319 Criminal Tendencies of Epileptics after Seizure: 457
• dition: 462
• 320 Criminal Propensities developed during Seizure: 463
• 321 The Legal Relations of Epileptics: 464
• Real and Feigned Somnambulism: 482
• 341 Responsibility of Somnambulists considered: 483
• 342 Analogy between the Law as applicable to Devotional Insanity and Somnambulism 343 Reasons for the Rule proposed: 485
• Civil Disability of Somnambulists considered 345 Somnambulist liable to Action for Trespass: 486
• DRUNKENNESS 346 Definition of Drunkenness 347 Description of the Stages of Drunkenness: 487
• 348 The Psychology of Drunkenness: 488
• The connection between Drunkenness and Crime: 490
• 350 Connection between Drunkenness and certain kinds of Crime: 491
• The relation between Drunkenness and Insanity: 492
• 352 Indirect effects of Drunkenness upon Mental Health: 493
• 353 The kinds of Drunkenness: 494
• 354 Mania ā potu 355 Delirium Tremens: 497
• Nature of Delusions in Delirium Tremens: 498
• 357 The Pathology of Drunkenness 358 The Periodicity of Drunkenness: 499
• Conditions which conduce to Inebriety: 500
• THE LEGAL RELATIONS OF DRUNKENNESS 361 Drunkenness as affecting Civil Capacity: 503
• Liability of Drunk Persons 363 Effect of Drunkenness upon Deed: 505
• Drunk Person liable for Torts: 506
• Connection between Drunkenness and Insanity: 508
• Incapacity produced by Medicines: 509
• Drunkenness as affecting Responsibility: 510
• Drunkenness as affecting Intention or Malice: 511
• Responsibility of Persons whose Drunkenness is Involuntary: 513
• Responsibility of those whose Insanity is caused by Drunkenness: 515
• Drunkenness the remote cause of Insanity 373 Responsibility of Persons laboring under Delirium Tremens 374 The Restraint of Drunkards: 519
• APHASIA AND APHONIA 375 The nature of Aphasia and Aphonia: 522
• The Capacity of Aphasies: 525
• DELIRIUM 378 Mania and Maniacal Delirium 379 Delirium: 527
• Symptoms of Delirium: 528
• Of Memory in relation to Deliriu: 529
• Remissions in this Disease: 530
• 383 Mania distinguished from Delirium: 531
• THE LEGAL RELATIONS OF DELIRIUM 384 Where there are Lucid Intervals 385 The caution with which Wills made during an interval of Delir...: 532
• As to Contracts entered into during intervals of Delirium 387 Delirium and Testamentary Capacity: 534
• The nature of the act to be considered: 535
• General Remarks: 536
• LUCID INTERVALS 390 The Law of Periodicity: 537
• Lucid Intervals: 538
• Intermissions and Remissions: 539
• Legal Holdings with reference to Lucid Intervals: 540
• FEIGNED INSANITY 398 Want of Scientific Training of Medical Men has rendered the Detec tion of Feigned Insanity difficult 399 The Detection ...: 547
• The Difficulty of Detection: 550
• 401 Feigned Insanity compatible with Real Insanity 402 Feigned Idiocy: 553
• Feigned Imbecility and its Detection 404 The Physiognomical Diagnosis: 554
• 406 Shrewdness often coexists with Imbecility Imbecility rarely Simulated 407 Feigned Dementia and its Detection: 555
• Feigned Mania and its Detection: 556
• 411 Simulation of Chronic Mania: 559
• Further Rules for the Detection of Feigned Disease: 560
• The State of the Affections to be considered: 562
• 414 Physical Tests 415 Sleeplessness as indication of Disease 416 Insensibility to Drugs a Test: 563
• The Early Symptoms to be considered 418 Feigned Monomania: 564
• Feigned Epilepsy: 565
• Simulated Disease may lead to Real Disease: 566
• 421 Feigned Melancholia: 567
• 422 Feigned Moral Mania: 568
• CONCEALED INSANITY 423 Concealed Insanity 424 Delusions are often Concealed: 570
• 425 Difficulty of distinguishing between Delusions and Sane Beliefs: 571
• 426 Insane Reticence will resist even crossexamination 427 Case of Concealed Insanity: 572
• 428 Other cases of Counterfeited Sanity: 573
• The French method of discovering Concealed Insanity 430 The Interrogatory 431 Continued Observation 432 The Inquest: 575
• THE ADMISSIBILITY OF THE EVIDENCE OF THE INSANE 433 The importance of the subject considered: 577
• 434 Illustration of these principles: 578
• Attendants in Asylums 436 The nature of Evidence: 579
• 437 Grounds of the Admissibility or Inadmissibility of Evidence 438 Rule of Indian Law as to the Competency of a Witness 439 How long Incapaci...: 580
• The Value of the Testimony of Dements: 588
• 451 The Value of the Testimony of Persons laboring under Partial Mania 452 The Influence of Delusional Beliefs upon the Capacity of Witnesses: 589
• 453 Difficulty of arriving at a conclusion as to Credibility of Testimony: 590
• 454 Necessity for Corroboration: 591
• BR INS: 593
• 453 The case of Regina v Hill: 595
• 459 As to the Cause of Error in all Testimony 463 The Value of the Testimony of Melancholics: 598
• 461 Depositions of Insane Persons may be Read 462 As to Affidavit of Lunatic 453 Effect of Inquisition of Lunacy on Evidence 464 Habeas Corp...: 599
• ON THE EXAMINATION OF PERSONS SUPPOSED TO BE OF UNSOUND MIND 465 The Difficulty of Diagnosis 466 The Method of Examinati...: 600
• 467 Conversation with Relatives and Friends of PatientDifficulties of Investigation: 601
• General Rule as to Information received from Friends and Relatives 469 Means of Gaining Access to Patient: 606
• 470 Inspection of Patient 471 Conversation with the Patient: 610
• 472 Examination of Letters to Discover the Insanity of an Individual 473 Evidence necessary to support Affidavit and that which must be given in C...: 614
• 475 General Rule for the Guidance of Medical Men who conduct Examina tions of Insane Persons: 616
• 476 The Prognosis of Insanity 477 Of the Statistics of Recoveries: 617
• Prognosis generally 479 As to Recovery: 619
• 450 The Tendency to Recurrence: 620
• 481 The Slowness of Cure: 621
• As to the Signs of Recovery: 622
• MEDICAL EXPERTS 483 The Claims of Science 484 The Claims of Science in relation to Jurisprudence: 623
• Object of this Chapter 486 The Weight attached to the Evidence of Skilled Witnesses: 626
• 487 The Reason for this Caution in the Reception of Skilled Testimony 488 Medical Estimate of its Worth: 628
• 489 TestimonyIts Objects considered: 629
• Testimony of Experts: 630
• 491 Opinion on Case as Proved: 631
• In what Cases called 493 Theory of the Admissibility of such Evidence 494 Experts not to Usurp Functions of Jury: 632
• 495 New Doctrine as to Skilled Witnesses: 633
• 496 Cases in which Expert Evidence has been had recourse: 634
• ExpertsOpinion as to Case proved 498 Questions which may be: 635
• American Rule: 636
• What Questions have been allowed 501 Questions which may not be put directly may be put hypothetically: 637
• 502 Objections to this Rule considered 503 The Use of these Devices: 638
• General Worth of such Testimony 505 Where Inquiry is as to Subject which does not require Skill: 639
• 506 Medical Experts in Cases of Insanity: 640
• The Use of Experts in such Cases: 641
• Witness may Refresh his Memory by means of Books 509 Diminishing Value of Experts Testimony: 643
• 510 Manner ADVICE TO MEDICAL WITNESSES IN WITNESSBOX: 644
• Communications to Medical Men not privileged 512 How Evidence ought to be given: 645
• Use of Notes in the Witnessbox: 646
• 514 Tricks of Counsel: 647
• The Proof of Lucid Intervals in cases of Idiocy and Dementia 395 The Burden of Proof: 650
• Burden of Proof in relation to Wills: 651
• Burden of Proof where Insanity has been proved toexist: 652
• Burden of Proof in connection with Contracts 520 Burden of Proof in Criminal Cases: 653
• Jury may judge of the Prisoners State of Mind: 657
• Procedure on trial of issue of Sanity or Insanity: 658
• 523 Proof of InsanityHereditary Tendency: 659
• Proof of Hereditary PredispositionRule of: 660
• The American Rule as to the Admission of Proof of Insanity of Rel atives: 663

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...

Bibliographic information

• Title: The Medical Jurisprudence of Insanity: With References to the Scotch and American Decisions
• Author: John Hutton Balfour Browne
• Edition: 2
• Publisher: S. Whitney & Company, 1880
• Length: 713 pages