A Treatise on the Medical Jurisprudence of InsanityLittle, Brown, 1853 - 521 sider |
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Side 15
... criminal cases . If , in the former , a man appears , upon the evidence , to be non compos mentis , the law avoids his act , though it cannot be traced or connected with the morbid imagination which constitutes his disease , and which ...
... criminal cases . If , in the former , a man appears , upon the evidence , to be non compos mentis , the law avoids his act , though it cannot be traced or connected with the morbid imagination which constitutes his disease , and which ...
Side 17
... criminal acts , though abstractly wrong , may under certain circumstances become right and meritori- ous ; and if ... act as if his mind were perfectly sound . But it remains to be proved that , in the commission of a criminal offence ...
... criminal acts , though abstractly wrong , may under certain circumstances become right and meritori- ous ; and if ... act as if his mind were perfectly sound . But it remains to be proved that , in the commission of a criminal offence ...
Side 19
... penal code , madness , without limit or condition , exempts from the punishment of criminal acts . The language of the law is , that " there is no crime nor offence when the accused was in a state of madness at the time of the action ...
... penal code , madness , without limit or condition , exempts from the punishment of criminal acts . The language of the law is , that " there is no crime nor offence when the accused was in a state of madness at the time of the action ...
Side 20
... act involuntary , which proceeds from a person's own free will . True , the exercise of the will may be greatly influenced by the condition of the mind , even to such an extent as to deprive a person of all criminal responsibility . But ...
... act involuntary , which proceeds from a person's own free will . True , the exercise of the will may be greatly influenced by the condition of the mind , even to such an extent as to deprive a person of all criminal responsibility . But ...
Side 21
Isaac Ray. with crime , for we can conceive of cases , where the criminal act is beyond the sphere of the influence of the reigning delusion , and therefore , as far as that is concerned , the off- spring of a sound mind ; yet we must ...
Isaac Ray. with crime , for we can conceive of cases , where the criminal act is beyond the sphere of the influence of the reigning delusion , and therefore , as far as that is concerned , the off- spring of a sound mind ; yet we must ...
Vanlige uttrykk og setninger
accused affected appeared Bicêtre 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 guilty habits hallucinations homicidal idea imbecility individual influence inquiry insanity intellectual jurisprudence jury kill kind laboring latter lucid interval lunatic madness manifested 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 testator testified thing thought tion trial unsoundness views wife witness wrong
Populære avsnitt
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 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 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 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 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 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 11 - There is a partial insanity," says he, "and a total insanity. The former is either in respect to things, quoad hoc vel Ulud insanire. Some persons that have a competent use of reason, in respect of some subjects, are yet under a particular dementia, in respect of some particular discourses, subjects, or applications, or else it is partial in respect of degrees...
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 the law; by which expression we xinderstiind your lordships to mean the law of the land.