The Factors of the Unsound Mind: With Special Reference to the Plea of Insanity in Criminal Cases, and the Amendment of the Law

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De La Rue, 1881 - 232 sider

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Side 208 - ... 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 199 - ... have not only had the most perfect knowledge and recollection of all the relations they stood in towards others, and of the acts and circumstances of their lives, but have, in general, been remarkable for subtlety and acuteness.
Side 204 - That before a plea of insanity should be allowed, undoubted evidence ought to be adduced that the accused was of diseased mind, and that at the time he committed the act he was not conscious of right or wrong.
Side 206 - A person labouring under specific delusions, but in other respects sane, shall not be acquitted on the ground of insanity, under the provisions hereinafter contained, unless the delusions caused him to believe in the existence of some state of things which, if it existed, would justify or excuse his act or omission.
Side 185 - ... casuistry, consciousness must enter into the constitution of guilt, the consequences of murder committed by a maniac may be as pernicious to society as those of the most criminal and deliberate assassination : and the punishment of death can be hardly deemed unjust or rigorous, when inflicted upon a mischievous being, divested of all the perceptions of reason and humanity.
Side 198 - ... 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...
Side 71 - When the next delirious paroxysm came on, she would continue the conversation which she had been pursuing in her preceding paroxysm ; so that she appeared as a person might be supposed to do who had two souls, each occasionally dormant and occasionally active, and utterly ignorant of what the other was doing.
Side 49 - One case, that of the gentleman of Argos, whose delusion led him to suppose, that he was attending the representation of a play, as he sat in his bedchamber, is so exact, that I saw a person of exalted rank, under those very circumstances of delusion, and heard him call upon Mr Garrick to exert himself, in the performance of Hamlet.
Side 201 - There was a third species of insanity, in which the patient fancied the existence of injury and sought an opportunity of gratifying revenge by some hostile act. If such a person was capable, in other respects, of distinguishing right from wrong, there was no excuse for any act of atrocity which he might commit under this description of derangement.
Side 198 - The attorney-general, standing, undoubtedly, upon the most revered authorities of the law, has laid it down, that, to protect a man from criminal responsibility, there must be a total deprivation of memory and understanding...

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