The Medical jurisprudence of insanityS. Whitney & Company, 1871 - 341 páginas |
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Página 2
... committing the crime is liable to suffer punishment for the act committed by him , or is to be exempted on the ground of unsoundness of mind ? These ques- tions , which are evidently , in individual cases , of paramount im- portance ...
... committing the crime is liable to suffer punishment for the act committed by him , or is to be exempted on the ground of unsoundness of mind ? These ques- tions , which are evidently , in individual cases , of paramount im- portance ...
Página 10
... commit a trespass . In each of these cases the act done is the same , but the intention varies the legal consequences of ... committed the act in question the onus of proving that it was done with an innocent intent . In the third class ...
... commit a trespass . In each of these cases the act done is the same , but the intention varies the legal consequences of ... committed the act in question the onus of proving that it was done with an innocent intent . In the third class ...
Página 11
... commit crime . The statement of the pro- position , that the criminal law looks mainly to the intention which actuated the accused , has been said§ to " imply the presumption that the individual whom it is sought to bring within the ...
... commit crime . The statement of the pro- position , that the criminal law looks mainly to the intention which actuated the accused , has been said§ to " imply the presumption that the individual whom it is sought to bring within the ...
Página 12
... committed by a feme covert , acting sub potestate viri , as an excuse for criminal misconduct , special circumstances may be given in evidence to repel or support the presumption of coercion . In a case of alleged insanity , then , if ...
... committed by a feme covert , acting sub potestate viri , as an excuse for criminal misconduct , special circumstances may be given in evidence to repel or support the presumption of coercion . In a case of alleged insanity , then , if ...
Página 13
... committing the same crime . But to say that in no case of insanity will the fear of punishment or the hope of reward deter the criminally - disposed lunatic from committing a crime , is to say what is denied by the experience of every ...
... committing the same crime . But to say that in no case of insanity will the fear of punishment or the hope of reward deter the criminally - disposed lunatic from committing a crime , is to say what is denied by the experience of every ...
Palavras e frases frequentes
aphasia arise assert attack become believe brain capacity cause circumstances commission committed conduct connection consequences courts crime criminal acts death defective delirium delusion dementia difficulty dipsomania disposition drunkenness epilepsy epileptic erotomania evidence examination excitement existence fact faculties feelings feigned habit idea idiocy idiot imbecility impressions impulse incapable individual influence insane persons intellectual irresponsible jury kleptomania labouring legal relations looked Lord Lord Portsmouth lucid interval lunatic asylum manifested marriage means Medical Jurisprudence memory mental disease mental unsoundness monomaniac moral insanity moral mania morbid motives murder nature non compos mentis nymphomania object observation ordinary patient present principle propensity proved punishment pyromania question quoted reason recognise regard responsibility sane sanity satyriasis seems senile dementia sense Sir John Nicholl sleep somnambulism somnambulist suffered suicide symptoms tendency testator theft things thought tion true unsound mind weakness witness words
Passagens conhecidas
Página 13 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Página 72 - ... 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.
Página 6 - Where an act, in itself indifferent, becomes criminal if done with a particular intent, there the intent must be proved and found ; but where the act is in itself unlawful, the proof of justification or excuse lies on the defendant; and in failure thereof, the law implies a criminal intent.
Página 13 - ... 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; and that to establish a defence on the ground of insanity, it must be clearly proved that, at the time of...
Página 121 - He was frequently heard at midnight, as if struggling with some one in his chamber, and crying out, "I will keep my money, I will ; nobody shall rob me of my property...
Página 4 - ... when a person, apparently of sound mind and not known to be otherwise, enters into a contract for the purchase of property, which is fair and bona fide, and which is executed and completed, and the property, the subject-matter of the contract, has been paid for and fully enjoyed, and cannot be restored so as to put the parties in statu quo, such contract cannot afterwards be set aside, either by the alleged lunatic or those who represent him.
Página 7 - It was an universal principle, that when a man is charged with doing an act of which the probable consequence may be highly injurious, the intention is an inference of law resulting from the doing of the act, and here it was alleged that he delivered the loaves for the use and supply of the children.
Página 107 - Assume a virtue, if you have it not. That monster, custom, who all sense doth eat, Of habits devil, is angel yet in this, That to the use of actions fair and good He likewise gives a frock or livery, That aptly is put on. Refrain to-night, And that shall lend a kind of easiness To the next abstinence ; the next more easy ; For use almost can change the stamp of nature, And either . . . the devil, or throw him out With wondrous potency.
Página 109 - An only son of a weak and indulgent mother was encouraged in the gratification of every caprice and passion of which an untutored and violent temper was susceptible. The impetuosity of his disposition increased with his years. The money with which he was lavishly supplied removed every obstacle to the indulgence of his wild desires. Every instance of opposition or resistance roused him to acts of fury. He assaulted his...
Página 120 - 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.