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

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S. Whitney & Company, 1880 - 713 sider

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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
The reasons for regarding certain Insane Persons as Irresponsible 18 Principle of law illustrated
69
The Objects of Punishment
70
Punishment considered
71
Degree of Imbecility how it may be ascertained
73
Proposed Graduation of Responsibility
74
PART II
76
The degree of Capacity required for Willmaking
78
Testamentary Capacity in relation to Delusions
81
Capacity to Contract
86
Capacity to Contract in relation to Delusion
88
Distinction between executed and executory Contracts by the Insane
89
Commission of Lunacy
92
Incapacity which will justify an Inquisition
95
Conclusions
100
Reason why the subject is treated in this work
102
The difficulty of discovering the Cause of Insanity
103
Classification of Causes Of Remote or Predisposing Causes
104
Other Remote Causes considered
107
Argument as to Increase of Insanity 38 Influence of Civilization upon Insanity
108
Sex considered in relation to the Causes of Insanity
109
Age considered in relation to the Causes of Insanity 41 Education considered in connection with the Causes of Insanity
111
Hereditary Tendency
112
Statistics of Hereditary Tendency 44 Pregnancy considered as a Cause of Insanity
114
Delivery considered as a Cause of Insanity
115
The Psychology of Monomania
116
Religion considered in connection with the Causality of Mental Disease 47 Of Predisposition generally 48 Proximate or Exciting Causes
117
The Moral Causes of Insanity
118
Causes which conduce to Epidemic Insanity
119
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
The Unscientific Study of Insanity as a Cause of the Slow Progress
127
the Medical Jurisprudence of Mental Disease The necessity for a Classification of Insanity
128
Of Classifications
129
Dr Skaes and Dr Tuckes Classification 59 These Classifications Criticised
132
Dr Maudsleys Classification
133
Dr Hammonds Classifications
134
62 Dr Bucknells Classification 63 Conclusion
138
AMENTI 64 Kinds of Amentia 65 Idiocy
139
66 Causes of Idiocy
140
Features of Idiocy
141
CretinismIts Features
142
Imbecility 70 Sir John Nicholls Description of Imbecility
143
Imbecility distinguished from Idiocy
144
72 Question of distinction between Imbecility and Idiocy considered
145
Moral Imbecility
147
The Education of Imbeciles
150
The Limits of effective Punishment of Imbeciles
152
Monoimbecility considered 79 Characteristics of Imbecility 80 Imbecility and Vice
154
81
155
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
The principles of the law as applied to Imbecility
172
Definition of Idiocy for the Court and not for the Jury 89 Contracts by Idiots and Imbeciles
177
Weakness of Mind in connection with Fraud
178
92 Inquisition and its effect upon the power to enter into Contracts
179
The Contract of Marriage in relation to Imbecility
180
The Capacity of Imbeciles to make Wills
184
Commissions of Lunacy in relation to Amentia
186
Changes in the
193
How a Commission may be superseded
196
MANLA 98 Health and Disease 99 Mental Disease
197
Mental Defect and Bodily Disease
199
Pathology and Mental Disease
200
Bodily Organism and Mental Function
201
Maniaits Symptoms
202
The Method of the Study of Insanity 105 Early Indications of Mania
204
The Sane Consciousness of Maniacs Anæsthesia in relation to Mania
205
Voice Eye Skin and Appetite of Maniacs Classification of Manias 107 108 109
206
Further Classification PART I GENERAL INTELLECTUAL MANIA 6111 General Intellectual Mania
207
Mental Symptoms of Mania
208
The Incoherence of Mania
210
The Psychology of Mania ý 115 Characteristics of Mania
211
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
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
Objections to this Rule considered
236
Other Objections discussed
238
Inadequacy of Motive not a proof of Insanity
239
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
249
Insanity in Sane
250
147 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
The Rule as to Delusion and Capacity as definitely settled 154 Contracts by Lunatics 155 Lunatics liability for Torts
270
Insanity in relation to Partnership
271
MORAL MANIA 157 Necessity for distinguishing Crime from Insanity
274
Theories of Moral Insanity
275
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
Concluding Remarks
294
PARTIAL MORAL MANIA OR MORAT MONOMANIA 175 General and Special Insanity considered 176 Moral Monomania
296
Disposition and Character
297
Diseased Disposition and Exculpation 179 Partial Insanity considered
298
KLEPTOMANIA 180 The idea of Property
299
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
TheftMadnessConsidered
309
Kleptomania as a Premonitory Symptom of General Insanity 193 Necessity for distinguishing Kleptomania from Sane Theft
310
194 Bungling execution of Crime no proof of Insanity 195 Unusual circumstances in connection with Crime not a proof of In sanity
312
196 Uniformity in character of Crime not always proof of Insanity 197 Distinction between Sane Theft and KleptomaniaWhat should be had regard
313
198 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
Theft in relation to Bright Objects
318
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
Erotomania 210 Of Simple Erotomania 211 Case of Simple Erotomania 212 More Depraved Forms of Erotomaniacal Impulse 213 Case of Erotom...
324
214 General Remarks as to Erotomania PART III DIPSOMANIA 215 Dipsomaniacs and Habitual Drunkards
325
Practical Rule as to Diseased Propensity and Habit
327
Acute Dipsomania 218 Periodic or Recurrent Dipsomania
328
Chronic Dipsomania
329
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
227 Comments on last quoted Case
336
General Remarks as to Pyromania PART V SUICIDAL MANIA 229 Suicide and Insanity
337
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
Age in relation to Suicide
342
236 Sex in relation to Suicide
343
Hereditary Transmission in relation to Suicide 238 Suicide and the Seasons
344
239 Assigned Motives for Suicide 240 Relation between Suicidal Mania and Homicidal Mania
345
HOMICIDAL INSANITY 241 As to the Existence of Homicidal Insanity
346
Homicidal Impulse explained by Propensity
347
Rational Explanation of Impulse 244 Anger and Punishment
349
Punishment and the Objects of Punishment
350
246 Murder in relation to Morbid Impulse
351
Homicidal Impulse considered 248 The Limitation of the Impulse
353
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
Of the Mental Impairment of Simple Melancholia
390
Physical Symptoms of Simple Melancholia
391
Importance of the Study of Simple Melancholia
392
270 Case of Simple Melancholia
393
Acute Melancholia
395
Physical Symptoms of Acute Melancholia
396
Melancholia in relation to Criminal Acts
397
Impulse in connection with Melancholia
398
The Legal Relations of Melancholia 275
399
DEMENTIA 276 Nature of Dementia
400
Case of Dementia described
401
Dementia distinguished from Idiocy
402
Dementia distinguished from Mania
403
The Incoherence of Dementia considered Psychologically
404
Mental Symptoms of Dementia
405
The Delusions of Dements 284 Excitement occurring in Dementia
406
The Emotional Disorders of Dements
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
Novelty and Change causes of Dementia 291 General Remarks
413
THE LEGAL RELATIONS OF DEMENTIA
414
Questions of Law to be considered in connection with Dementia 293 Testamentary Capacity
416
Illustration of the Legal Principles in relation to Capacity
421
Dementia in relation to Commissions and Testaments
423
Eccentricity does not Incapacitate
424
Rule as to Inofficious Wills
425
Rule as to Wills made by very Old Persons
426
Intellectual FeeblenessLegal Relations
428
Mental Facility and its Legal Relations
429
302 Fallacious Tests of Mental Capacity
432
The duty of Subscribing Witnesses in relation to the Wills of Insane Persons
433
Dementia and the Capacity to Contract
436
The Responsibility of Dements
438
The case of Mordaunt v Mordaunt
439
EPILEPSIES AND THEIR LEGAL RELATIONS 307 Are Epileptics of Unsound Mind? 308 The real nature of Epilepsies
446
Common Manifestations of Epilepsy
449
The Varieties of Epilepsy
450
As to the Mental Condition of Epileptics
451
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 un...
456
Criminal Tendencies of Epileptics after Seizure
457
Criminal Propensities developed during Seizure
463
321 The Legal Relations of Epileptics
464
Epilepsy may incapacitate a Juryman 323 Incapacity of Epileptics further considered
465
Responsibility of Epileptics
466
SOMNAMBULISM 325 Sleep and Dreams
469
The Physical Causes of Sleep
470
Somnambulism
472
Cases of Somnambulism
474
329 Psychology of Somnambulism
475
Relation of the Senses during Somnambulistic Sleep 331 Somnambulism in connection with Catalepsy
476
Memory in relation to Somnambulism 333 Nightmares
477
Dreams in relation to Time 335 Dreams and Realities
478
Necessity for considering the Legal Relations of Somnambulism
479
Responsibility of Persons for Crimes committed while in this con dition
481
Real and Feigned Somnambulism
482
Somnambulism
483
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
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
Indirect effects of Drunkenness upon Mental Health
493
The kinds of Drunkenness
494
354 Mania â potu 355 Delirium Tremens
497
Nature of Delusions in Delirium Tremens
498
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
364 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
DELIRIUM 378 Mania and Maniacal Delirium 379 Delirium
527
j380 Symptoms of Delirium
528
Of Memory in relation to Deliriu
529
Remissions in this Disease
530
Mania distinguished from Delirium
531
THE LEGAL RELATIONS OF DELIRIUM 6 384 Where there are Lucid Intervals 385 The caution with which Wills made during an interval of Deli...
532
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 394 The Proof of Lucid Intervals in cases of Idiocy and Dementia
540
The Burden of Proof
543
The law with regard to acts done during Lucid Intervals 397 Distinction between Lucid Intervals in Insanity and in Delirium
544
FEIGNED INSANITY 398 Want of Scientific Training of Medical Men has rendered the Detec tion of Feigned Insanity difficult
547
The Detection of Feigned Insanity
549
The Difficulty of Detection
550
Feigned Insanity compatible with Real Insanity 402 Feigned Idiocy
553
Feigned Imbecility and its Detection 404 The Physiognomical Diagnosis 405 Shrewdness often coëxists with Imbecility
554
Imbecility rarely Simulated 407 Feigned Dementia and its Detection
555
Feigned Mania and its Detection
556
Experienced Observation will generally detect Feigned Insai 410 Feigned ManiaTendency to Overact 411 Simulation of Chronic Mania
559
Further Rules for the Detection of Feigned Disease
560
The State of the Affections to be considered
562
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
419 Feigned Epilepsy
565
Simulated Disease may lead to Real Disease
566
421 Feigned Melancholia
567
Feigned Moral Mania
568
CONCEALED INSANITY 423 Concealed Insanity 424 Delusions are often Concealed
570
Difficulty of distinguishing between Delusions and Sane Beliefs
571
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
Illustration of these principles
578
435 Attendants in Asylums 426 The nature of Evidence
579
Grounds of the Admissibility or Inadmissibility of Evidence 438 Rule of Indian Law as to the Competency of a Witness 439 How long Incapacity la...
580
As to the Admissibility of the Evidence of the Deaf and Dumb 441 Lunatic a competent Witness during a Lucid Interval
581
442 The question of Evidence given during a Lucid Interval considered 443 Medical Opinions as to the Rule of
583
Method of Inquiry 445 The Value of the Testimony of Idiots and Imbeciles
584
The question of Credibility how to be determined by a Jury 417 Circumstances and their influence upon Evidence given 448 The Unveracity of Im...
586
449 The Psychology of this Unveracity
587
The Value of the Testimony of Dements
588
The Influence of Delusional Beliefs upon the Capacity of Witnesses
589
Difficulty of arriving at a conclusion as to Credibility of Testimony
590
Necessity for Corroboration
591
BR INS
593
The case of Regina v Hill
595
As to the Cause of Error in all Testimony 460 The Value of the Testimony of Melancholics
598
Depositions of Insane Persons may be Read 462 As to Affidavit of Lunatic 463 Effect of Inquisition of Lunacy on Evidence 461 Habeas Corpus to...
599
ON THE EXAMINATION OF PERSONS SUPPOSED TO BE OF UNSOUND MIND 465 The Difficulty of Diagnosis 466 The Method of Examinat...
600
Conversation with Relatives and Friends of PatientDifficulties of Investigation
601
468 General Rule as to Information received from Friends and Relatives 469 Means of Gaining Access to Patient
606
Inspection of Patient 471 Conversation with the Patient
610
Examination of Letters to Discover the Insanity of an Individual 473 Evidence necessary to support Affidavit and that which must be given in Certif...
614
General Rule for the Guidance of Medical Men who conduct Examina tions of Insane Persons
616
The Prognosis of Insanity 477 Of the Statistics of Recoveries
617
Prognosis generally 479 As to Recovery
619
The Tendency to Recurrence
620
The Slowness of Cure
621
As to the Signs of Recovery
622
MEDICAL EXPERTS 6483 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
The Reason for this Caution in the Reception of Skilled Testimony 6488 Medical Estimate of its Worth
628
TestimonyIts Objects considered
629
Testimony of Experts
630
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
New Doctrine as to Skilled Witnesses
633
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
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
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
Manner
644
Communications to Medical Men not privileged 512 How Evidence ought to be given
645
Use of Notes in the Witnessbox
646
Tricks of Counsel
647
PROOF OF INSANITY 515 Scope of this Chapter 516 Presumptions
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
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

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Populære avsnitt

Side 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.
Side 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.
Side 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.
Side 239 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Side 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.
Side 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...
Side 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.
Side 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...
Side 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...
Side 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...

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