The Criminal Imbecile: An Analysis of Three Remarkable Murder Cases

Forside
Macmillan, 1915 - 157 sider
"This book is offered to the public in the belief that the three cases herein described are typical of a large proportion of criminal cases and that the analysis and discussion attempted will help to make clear important points which are often misunderstood, points relative to the criminal and to the imbecile. A clear conception of the nature of the imbecile and of his relation to crime will inevitably result in a most desirable change in our criminal procedure. It should be noted that we use "imbecile" in the legal sense which includes the moron and often the idiot as scientifically classified. This usage is justified since much of the literature still describes all mental defectives as imbeciles, idiots, or feeble-minded--according to the preference of the writers. These cases are unique in that they were the first court cases in which the Binet-Simon tests were admitted in evidence, the mental status of these persons under indictment being largely determined by this method"--Preface. (PsycINFO Database Record (c) 2005 APA, all rights reserved)
 

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Side 11 - This is the mildest degree of mental defect, and the feeble-minded person is ' ' one who is capable of earning a living under favorable circumstances, but is incapable, from mental defect existing from birth, or from an early age, (a) of competing on equal terms with his normal fellows; or (b) of managing himself and his affairs with ordinary prudence.
Side 129 - A person is not excused from criminal liability as an idiot, imbecile, lunatic, or insane person, except upon proof that, at the time of committing the alleged criminal act, he was laboring under such a defect of reason as £either] : . 1. Not to know the nature and quality of the act he was doing; or, 2. Not to know that the act was wrong.
Side 142 - If the jury cannot say beyond a doubt that the defendant was sane at the time of the commission of the alleged act, or cannot say whether, at that time, he was sane or insane, they are bound to acquit him.
Side 128 - An act done by a person who is an idiot, imbecile, lunatic or insane is not a crime. A person can not be tried, sentenced to any punishment or punished for a crime while he is in a state of idiocy, imbecility, lunacy or insanity so as to be incapable of understanding the proceeding or making his defense.
Side 143 - The question is, whether the prisoner was laboring under that species of insanity which satisfies you that he was quite unaware of the nature, character, and consequences of the act 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 106 - Careful studies have shown beyond the peradventure of doubt that at least two-thirds of these mental defectives have inherited their defect, in other words, that they belong to strains of the human family whose intelligence lies below that which is required for the performance of their duties as citizens.
Side 144 - The court, among other Instructions, gave the following: "No. 5. You are instructed that in order to constitute murder in the first degree the Jury must be satisfied beyond a reasonable doubt from the evidence, not only that the defendant without Justifiable cause or legal excuse killed the said A. J.

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