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accused affected appeared Bicetre brain cause character circumstances committed common law conduct confinement consequence considered court crime criminal act degree delirium delirium tremens delusion dementia disease disposition doubt drunkenness epilepsy Esquirol evidence evinced excitement existence fact faculties feelings friends furnish Georget habits hallucinations homicidal idea imbecility individual influence insanity intellectual jurisprudence jury kill kind laboring latter lucid interval lunatic madness manifested marriage Medical Jurisprudence ment mental condition mental derangement mind monomaniac moral mania morbid motive murder nature never notions object observed opinion ordinary paroxysm party passions pathological patient person physician plea of insanity principle prisoner proof propensity punishment pyromania question rational reason regard relations require respecting responsibility sanity says senile dementia sense simulated Sir John Nicholl sometimes somnambulism somnambulist sound strong sufficient suicide symptoms testamentary capacity testamentary dispositions testator testified thing thought tion trial unsoundness views wife witness wrong
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 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 law; by which expression we understand your Lordships to mean the law of the land.
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 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 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 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 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 12 - ... it is very difficult to define the indivisble line that divides perfect and partial insanity; but it must rest upon circumstances duly to be weighed and considered both by the judge and jury, lest on the one side there be a kind of inhumanity towards the defects of human nature, or on the other side too great an indulgence given to great crimes...