A Treatise on the medical jurisprudence of insanity

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Little, Brown, 1853 - 521 sider

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Side 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?
Side 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.
Side 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.
Side 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.
Side 46 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Side 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.
Side 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.
Side 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...
Side 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...
Side 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...

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