The Medical Jurisprudence of Insanity: With References to the Scotch and American Decisions

S. Whitney & Company, 1880 - Insanity (Law) - 713 pages

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Page 48
... distinguish right from wrong as the characteristic of that kind of in- sanity which exempts from punishment of crime . * 3 9. Rules of Law considered . All these rules of law are open to one objection , and that is , that they have not ...

Page 52
... distinguish sanity from insanity . It is not proposed to treat all sane men who com- mit crimes in the way that we treat insane men acting in the same way , nor is it proposed to treat insane criminals as we at present treat sane ...

Page 53
... distinguish between those who are free agents , those who can be deterred by a certainty of punish- ment , from those who have no freedom , and who would not be deterred from the commission of crime by being per- suaded that punishment ...

Page 55
... distinguish right from wrong at the time he does the deed . The sup- posed voice of God has made the distinction between these impossible ; and therefore , in the event of his setting fire to the house , he should not be punished for ...

Page 109
... distinguish these . Thus , we often hear that intemperance was the cause of insanity , and in many cases , as we shall hereafter see , excessive use of stimulants is a cause of insanity ; but in half of the cases in which it is common ...

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Table of Contents

Index

The question of Capital Punishment 3 The atrocity of the crime in connection with Insanity	38

Reasons why the question of Responsibility has not received a satisfac tory answer	39

The necessity for legislative enactments as to the Insane	40

Laws with regard to Lunatics	41

Responsibility for Crime consideredForeign rules of	43

Responsibility of the InsaneFormer English rules	45

Rules of law considered	48

These Answers consideredObjections	51

The Legal Decisions in relation to Moral Insanity	369

Some recent cases	373

American Law with regard to this subject	377

Civil Capacity of the Morally or Emotionally Insane	381

260 Suicide in relation to Insurance	383

Same subject continued 262 Burden of proof	386

MELANCHOLIA 263 Diseases of Exaltation and Depression	387

264 Melancholia why distinguished from other Diseases 265 Kinds of Melancholia	388

The Test in relation to Monomania	53

Objections to this Test considered	55

This Test in relation to Impulsive Insanity	58

The Test further considered	60

Delusions in relation to Criminal Responsibility	62

The reasons for regarding certain Insane Persons as Irresponsible 18 Principle of law illustrated	69

The Objects of Punishment	70

Punishment considered	71

Degree of Imbecility how it may be ascertained	73

Proposed Graduation of Responsibility	74

PART II	76

The degree of Capacity required for Willmaking	78

Testamentary Capacity in relation to Delusions	81

Capacity to Contract	86

Capacity to Contract in relation to Delusion	88

Distinction between executed and executory Contracts by the Insane	89

Commission of Lunacy	92

Incapacity which will justify an Inquisition	95

Conclusions	100

Reason why the subject is treated in this work	102

The difficulty of discovering the Cause of Insanity	103

Classification of Causes Of Remote or Predisposing Causes	104

Other Remote Causes considered	107

Argument as to Increase of Insanity 38 Influence of Civilization upon Insanity	108

Sex considered in relation to the Causes of Insanity	109

Age considered in relation to the Causes of Insanity 41 Education considered in connection with the Causes of Insanity	111

Hereditary Tendency	112

Statistics of Hereditary Tendency 44 Pregnancy considered as a Cause of Insanity	114

Delivery considered as a Cause of Insanity	115

Religion considered in connection with the Causality of Mental Disease 47 Of Predisposition generally 48 Proximate or Exciting Causes	117

The Moral Causes of Insanity	118

Causes which conduce to Epidemic Insanity	119

Epidemic Insanity	121

As to the relation between Structure and Function	124

MENTAL UNSOUNDNESS AND CLASSIFICATIONS OF INSANITY 53 Definition of Sanity and Insanity	125

Different points of view of Lawyers and Physicians	126

The Unscientific Study of Insanity as a Cause of the Slow Progress	127

the Medical Jurisprudence of Mental Disease The necessity for a Classification of Insanity	128

Of Classifications	129

Dr Skaes and Dr Tuckes Classification 59 These Classifications Criticised	132

Dr Maudsleys Classification	133

Dr Hammonds Classifications	134

62 Dr Bucknells Classification 63 Conclusion	138

AMENTI 64 Kinds of Amentia 65 Idiocy	139

66 Causes of Idiocy	140

Features of Idiocy	141

CretinismIts Features	142

Imbecility 70 Sir John Nicholls Description of Imbecility	143

Imbecility distinguished from Idiocy	144

72 Question of distinction between Imbecility and Idiocy considered	145

Moral Imbecility	147

The Education of Imbeciles	150

The Limits of effective Punishment of Imbeciles	152

Monoimbecility considered 79 Characteristics of Imbecility 80 Imbecility and Vice	154

81	155

Classification of Imbecilities	156

THE LEGAL RELATIONS OF AMENTIA 82 Legal relations of Idiots	157

Irresponsibility of Idiots	158

84 The Principles of Exemption from Punishment	159

85 Imbecility in relation to Crime	161

Crimes committed by Imbeciles	164

The principles of the law as applied to Imbecility	172

Definition of Idiocy for the Court and not for the Jury 89 Contracts by Idiots and Imbeciles	177

Weakness of Mind in connection with Fraud 91 The maxim as to SelfStultification considered	178

92 Inquisition and its effect upon the power to enter into Contracts	179

The Contract of Marriage in relation to Imbecility	180

The Capacity of Imbeciles to make Wills	184

Commissions of Lunacy in relation to Amentia	186

Changes in the	193

How a Commission may be superseded	196

MANLA 98 Health and Disease 99 Mental Disease	197

Mental Defect and Bodily Disease	199

Pathology and Mental Disease	200

Bodily Organism and Mental Function	201

Maniaits Symptoms	202

The Method of the Study of Insanity	203

Early Indications of Mania	204

The Sane Consciousness of Maniacs An�sthesia in relation to Mania	205

Voice Eye Skin and Appetite of Maniacs Classification of Manias 107 108 109	206

Further Classification PART I GENERAL INTELLECTUAL MANIA 6111 General Intellectual Mania	207

Mental Symptoms of Mania	208

The Incoherence of Mania	210

The Psychology of Mania � 115 Characteristics of Mania	211

PARTIAL INTELLECTUAL MANIA OR MONOMANIA 116 The Psychology of Monomania	214

Monomania in relation to the feelings of Pleasure and Pain 118 Monomania and Delusions 119 Distinction between Mania and Monomania	216

Mental and Physical Symptoms of Monomania 121 Fixed Ideas	217

Other Symptoms of Monomania 123 The Physical Suggestion of Delusion	218

The Moral Treatment of Monomania 125 Education in relation to Monomania	219

Cases of successful Moral Treatment	220

General Remarks	224

THE LEGAL RELATIONS OF MANIA 128 The Legal Relations generally 129 Cases in which the Plea of Insanity is generally pleaded	226

Responsibility of Persons laboring under Mania 131 English Rule 132 Rule of Scotch Law with regard to Responsibility	231

American Rule as to Responsibility	232

Rule of Law as applicable to Cases of Mania 135 Partial Intellectual Mania in relation to Responsibility	235

Objections to this Rule considered	236

Other Objections discussed	238

Inadequacy of Motive not a proof of Insanity	239

Apparent Diversity in Criminal Courts as to Admission of Plea	240

Cases in which Delusion has been set up as a Defence	241

The real difficulty in cases of Monomania	244

Mania and Testamentary Capacity	246

Degree of Capacity required to make a Will	247

Difficulties of Proof	248

Testamentary Capacity and Monomania 146 Insanity in Sane	249

147 Sanity in Insane	251

Delusion Defined	252

Testamentary Capacity in relation to Delusion 150 The Rules of other Countries considered 151 The Rule of American	258

The Principles of Law in relation to Capacity considered	261

The Rule as to Delusion and Capacity as definitely settled 154 Contracts by Lunatics 155 Lunatics liability for Torts	270

Insanity in relation to Partnership	271

MORAL MANIA 157 Necessity for distinguishing Crime from Insanity	274

Theories of Moral Insanity	275

Ethics and Government 162 The relation of Laws and Morals	276

Distinction between Men and AnimalsMental Characteristics	277

When the existence of Moral Mania should be admitted	278

165 What Physicians expect the Law to do in relation to Moral Mania 166 The nature of Moral Insanity considered	280

Peculiarities of the Cognitive Faculties	281

Insane Impulse considered	282

The Psychology of Healthy Choice	284

Irresistible ImpulsePathology	285

Characteristics of Impulse	287

General Remarks	288

Some Cases of Impulse	289

Concluding Remarks	294

PARTIAL MORAL MANIA OR MORAT MONOMANIA 175 General and Special Insanity considered 176 Moral Monomania	296

Disposition and Character	297

Diseased Disposition and Exculpation 179 Partial Insanity considered	298

KLEPTOMANIA	299

The idea of Property	300

Property and	301

Property and Theft 183 Theft in relation to Disease	302

Avarice and Hoarding 185 Theft not necessarily connected with Insanity	303

Where Theft is associated with Mental Disease	304

Theft arising from General ParalysisCases	305

Theft in relation to other DiseasesCases	306

Theft in relation to Delusion 190 TheftMadnessCases	307

TheftMadnessConsidered	309

Kleptomania as a Premonitory Symptom of General Insanity 193 Necessity for distinguishing Kleptomania from Sane Theft	310

194 Bungling execution of Crime no proof of Insanity 195 Unusual circumstances in connection with Crime not a proof of In sanity	312

196 Uniformity in character of Crime not always proof of Insanity 197 Distinction between Sane Theft and KleptomaniaWhat should be had regard	313

198 The Value of the Article to be considered	315

199 The Precautions taken in relation to the Theft	316

200 Confession of the Crime 201 Conduct subsequent to Crime	317

As to the frequency of Kleptomania 204 How are Kleptomaniacs to be dealt with by Law?	319

EROTOMANIA 206 Sexual Instincts	320

Disease in connection with Sexual Instincts	321

Classification of Diseases manifested in relation to Sexual Instincts	322

Erotomania 210 Of Simple Erotomania 211 Case of Simple Erotomania 212 More Depraved Forms of Erotomaniacal Impulse 213 Case of Erotom...	324

General Remarks as to Erotomania PART III DIPSOMANIA 215 Dipsomaniacs and Habitual Drunkards	325

Practical Rule as to Diseased Propensity and Habit	327

Acute Dipsomania 218 Periodic or Recurrent Dipsomania	328

Chronic Dipsomania	329

PYROMANIA 220 Arson	332

Pyromania 222 As to Motives	333

223 The Love of Bright Objects 224 Where act is dictated by Revenge	334

225 Pyromania in connection with Delusions 226 Cases of Pyromania	335

Comments on last quoted Case	336

General Remarks as to Pyromania PART V SUICIDAL MANIA 229 Suicide and Insanity	337

Suicide the result of Insanity	339

Case of Suicidal Insanity 232 Power of Suggestion	340

Suicide in relation to Delusions 6234 The Modes of Death	341

235 Age in relation to Suicide	342

Sex in relation to Suicide	343

Hereditary Transmission in relation to Suicide 238 Suicide and the Seasons	344

Assigned Motives for Suicide 240 Relation between Suicidal Mania and Homicidal Mania	345

HOMICIDAL INSANITY 241 As to the Existence of Homicidal Insanity	346

Homicidal Impulse explained by Propensity	347

Rational Explanation of Impulse 244 Anger and Punishment	349

Punishment and the Objects of Punishment	350

246 Murder in relation to Morbid Impulse	351

Homicidal Impulse considered 248 The Limitation of the Impulse	353

The Satisfaction of the Impulse or Desire	354

In many cases Homicidal Impulse would be restrained by Punishment 251 Cases of Homicidal Impulse	355

Comments on the last case 253 Concluding Remarks	363

THE LEGAL RELATIONS OF MORAL MANIA 254 The Scope of this Chapter	365

255 The Psychology of Eccentricity	366

Simple Melancholia	389

Of the Mental Impairment of Simple Melancholia	390

Physical Symptoms of Simple Melancholia	391

Importance of the Study of Simple Melancholia	392

270 Case of Simple Melancholia	393

Acute Melancholia	395

Physical Symptoms of Acute Melancholia	396

Melancholia in relation to Criminal Acts	397

Impulse in connection with Melancholia	398

The Legal Relations of Melancholia	399

DEMENTIA 276 Nature of Dementia	400

Case of Dementia described	401

Dementia distinguished from Idiocy	402

Dementia distinguished from Mania	403

The Incoherence of Dementia considered Psychologically	404

Mental Symptoms of Dementia	405

The Delusions of Dements 284 Excitement occurring in Dementia	406

285 The Emotional Disorders of Dements	407

Physical Symptoms of Dementia	408

Distinction between Acute and Chronic Dementia	410

The Stages of Dementia 289 The Cause affects the Course of the Disease	412

Novelty and Change causes of Dementia 291 General Remarks	413

THE LEGAL RELATIONS OF DEMENTIA	414

Testamentary Capacity	416

Illustration of the Legal Principles in relation to Capacity	421

Dementia in relation to Commissions and Testaments	423

Eccentricity does not Incapacitate	424

Rule as to Inofficious Wills	425

Rule as to Wills made by very Old Persons	426

Intellectual FeeblenessLegal Relations	428

Mental Facility and its Legal Relations 301 The supposed Recovery of Mental Power before Death	429

Fallacious Tests of Mental Capacity	432

The duty of Subscribing Witnesses in relation to the Wills of Insane Persons	433

Dementia and the Capacity to Contract	436

The Responsibility of Dements	438

The case of Mordaunt v Mordaunt	439

Lunatic a competent Witness during a Lucid Interval	441

The question of Evidence given during a Lucid Interval considered	442

EPILEPSIES AND THEIR LEGAL RELATIONS 307 Are Epileptics of Unsound Mind? 308 The real nature of Epilepsies	446

Common Manifestations of Epilepsy	449

The Varieties of Epilepsy	450

As to the Mental Condition of Epileptics	451

Necessary to consider the Mental Condition at the time of the Seizure 313 Epilepsy very often followed by Insanity 6314 Method of this Chapter 31...	452

318 Condition of Patient after Seizure	456

319 Criminal Tendencies of Epileptics after Seizure	457

Criminal Propensities developed during Seizure	463

321 The Legal Relations of Epileptics	464

Epilepsy may incapacitate a Juryman 323 Incapacity of Epileptics further considered	465

Responsibility of Epileptics	466

SOMNAMBULISM 325 Sleep and Dreams	469

The Physical Causes of Sleep	470

Somnambulism	472

Cases of Somnambulism	474

329 Psychology of Somnambulism	475

Relation of the Senses during Somnambulistic Sleep 331 Somnambulism in connection with Catalepsy	476

Memory in relation to Somnambulism 333 Nightmares	477

Dreams in relation to Time 335 Dreams and Realities	478

Necessity for considering the Legal Relations of Somnambulism	479

Responsibility of Persons for Crimes committed while in this con dition	481

Real and Feigned Somnambulism	482

Somnambulism	483

Reasons for the Rule proposed	485

Civil Disability of Somnambulists considered 345 Somnambulist liable to Action for Trespass	486

DRUNKENNESS 346 Definition of Drunkenness 347 Description of the Stages of Drunkenness	487

The Psychology of Drunkenness	488

The connection between Drunkenness and Crime	490

350 Connection between Drunkenness and certain kinds of Crime	491

The relation between Drunkenness and Insanity	492

Indirect effects of Drunkenness upon Mental Health	493

The kinds of Drunkenness	494

354 Mania � potu 355 Delirium Tremens	497

Nature of Delusions in Delirium Tremens	498

The Pathology of Drunkenness 358 The Periodicity of Drunkenness	499

Conditions which conduce to Inebriety	500

THE LEGAL RELATIONS OF DRUNKENNESS 361 Drunkenness as affecting Civil Capacity	503

Liability of Drunk Persons 363 Effect of Drunkenness upon Deed	505

Drunk Person liable for Torts	506

Connection between Drunkenness and Insanity	508

Incapacity produced by Medicines	509

Drunkenness as affecting Responsibility	510

Drunkenness as affecting Intention or Malice	511

Responsibility of Persons whose Drunkenness is Involuntary	513

Responsibility of those whose Insanity is caused by Drunkenness	515

Drunkenness the remote cause of Insanity 373 Responsibility of Persons laboring under Delirium Tremens 374 The Restraint of Drunkards	519

APHASIA AND APHONIA 375 The nature of Aphasia and Aphonia	522

The Capacity of Aphasies	525

DELIRIUM 378 Mania and Maniacal Delirium 379 Delirium	527

Symptoms of Delirium	528

Of Memory in relation to Deliriu	529

Remissions in this Disease	530

383 Mania distinguished from Delirium	531

THE LEGAL RELATIONS OF DELIRIUM 384 Where there are Lucid Intervals 385 The caution with which Wills made during an interval of Delir...	532

As to Contracts entered into during intervals of Delirium 387 Delirium and Testamentary Capacity	534

The nature of the act to be considered	535

General Remarks	536

LUCID INTERVALS 390 The Law of Periodicity	537

Lucid Intervals	538

Intermissions and Remissions	539

Legal Holdings with reference to Lucid Intervals	540

The Proof of Lucid Intervals in cases of Idiocy and Dementia 395 The Burden of Proof	543

396 The law with regard to acts done during Lucid Intervals 397 Distinction between Lucid Intervals in Insanity and in Delirium	544

402 Feigned Idiocy	553

Feigned Imbecility and its Detection 404 The Physiognomical Diagnosis	554

406 Imbecility rarely Simulated 407 Feigned Dementia and its Detection	555

Feigned Mania and its Detection	556

Experienced Observation will generally detect Feigned Insai 410 Feigned ManiaTendency to Overact 411 Simulation of Chronic Mania	559

Further Rules for the Detection of Feigned Disease	560

The State of the Affections to be considered	562

Physical Tests 415 Sleeplessness as indication of Disease 416 Insensibility to Drugs a Test	563

The Early Symptoms to be considered 418 Feigned Monomania	564

Feigned Epilepsy	565

Simulated Disease may lead to Real Disease	566

421 Feigned Melancholia	567

Feigned Moral Mania	568

CONCEALED INSANITY 423 Concealed Insanity 424 Delusions are often Concealed	570

Difficulty of distinguishing between Delusions and Sane Beliefs	571

Insune Reticence will resist even crossexamination 427 Case of Concealed Insanity	572

Other cases of Counterfeited Sanity	573

The French method of discovering Concealed Insanity 430 The Interrogatory 431 Continued Observation 432 The Inquest	575

THE ADMISSIBILITY OF THE EVIDENCE OF THE INSANE 433 The importance of the subject considered	577

Illustration of these principles	578

Attendants in Asylums 46 The nature of Evidence	579

Grounds of the Admissibility or Inadmissibility of Evidence 438 Rule of Indian Law as to the Competency of a Witness 439 How long Incapacity la...	580

Medical Opinions as to the Rule of	583

Method of Inquiry 445 The Value of the Testimony of Idiots and Imbeciles	584

The question of Credibility how to be determined by a Jury 417 Circumstances and their influence upon Evidence given 448 The Unveracity of Im...	586

The Psychology of this Unveracity	587

450 The Value of the Testimony of Dements	588

The Value of the Testimony of Persons laboring under Partial Mania 452 The Influence of Delusional Beliefs upon the Capacity of Witnesses	589

Difficulty of arriving at a conclusion as to Credibility of Testimony	590

454 Necessity for Corroboration	591

BR INS	593

The case of Regina v Hill	595

As to the Cause of Error in all Testimony 6 460 The Value of the Testimony of Melancholics	598

Depositions of Insane Persons may be Read 462 As to Affidavit of Lunatic 453 Effect of Inquisition of Lunacy on Evidence 461 Habeas Corpus to...	599

ON THE EXAMINATION OF PERSONS SUPPOSED TO BE OF UNSOUND MIND 465 The Difficulty of Diagnosis 466 The Method of Examinati...	600

Conversation with Relatives and Friends of PatientDifficulties of Investigation	601

468 General Rule as to Information received from Friends and Relatives 469 Means of Gaining Access to Patient	606

Inspection of Patient 471 Conversation with the Patient	610

Examination of Letters to Discover the Insanity of an Individual 473 Evidence necessary to support Affidavit and that which must be given in Certif...	614

General Rule for the Guidance of Medical Men who conduct Examina tions of Insane Persons	616

The Prognosis of Insanity 477 Of the Statistics of Recoveries	617

Prognosis generally 479 As to Recovery	619

480 The Tendency to Recurrence	620

The Slowness of Cure	621

As to the Signs of Recovery	622

MEDICAL EXPERTS 483 The Claims of Science 484 The Claims of Science in relation to Jurisprudence	623

Object of this Chapter 486 The Weight attached to the Evidence of Skilled Witnesses	626

The Reason for this Caution in the Reception of Skilled Testimony 6488 Medical Estimate of its Worth	628

TestimonyIts Objects considered	629

Testimony of Experts	630

Opinion on Case as Proved	631

In what Cases called 493 Theory of the Admissibility of such Evidence 494 Experts not to Usurp Functions of Jury	632

New Doctrine as to Skilled Witnesses	633

Cases in which Expert Evidence has been had recourse	634

ExpertsOpinion as to Case proved 6498 Questions which may be	635

American Rule	636

What Questions have been allowed 501 Questions which may not be put directly may be put hypothetically	637

Objections to this Rule considered 503 The Use of these Devices	638

General Worth of such Testimony 505 Where Inquiry is as to Subject which does not require Skill	639

506 Medical Experts in Cases of Insanity	640

The Use of Experts in such Cases	641

Witness may Refresh his Memory by means of Books 509 Diminishing Value of Experts Testimony	643

Manner	644

Communications to Medical Men not privileged 512 How Evidence ought to be given	645

Use of Notes in the Witnessbox	646

Tricks of Counsel	647

PROOF OF INSANITY 515 Scope of this Chapter 516 Presumptions	650

Burden of Proof in relation to Wills	651

Burden of Proof where Insanity has been proved toexist	652

Burden of Proof in connection with Contracts 520 Burden of Proof in Criminal Cases	653

Jury may judge of the Prisoners State of Mind	657

Procedure on trial of issue of Sanity or Insanity	658

523 Proof of InsanityHereditary Tendency	659

Proof of Hereditary PredispositionRule of Law � 525 The American Rule as to the Admission of Proof of Insanity of Rel atives	660

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John Hutton Balfour Browne
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J. H. Balfour Browne
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Common terms and phrases

action affected aphasia arise ascer asylum become believe brain character circumstances commission committed conduct connection consequences considered contract Court crime criminal acts defect delirium delirium tremens delusion dementia deprive dipsomania disposition distinguish drunkenness epilepsy epileptic evidence excitement executed existence fact faculties feeling ground habit Hagg idiocy idiot imbecility impulse incapable incapacity individual influence insane persons intellectual intoxication irresponsible Judge jury kleptomania laboring legal relations Lord Lord Advocate Lord Eldon Lord Penzance lucid interval lunacy lunatic mania manifested means melancholia memory mental disease monomania moral insanity morbid motives murder nature object opinion ordinary party patient principle prisoner proof proved punishment question rational reason regard responsibility rule sane sanity seems sense sion Sir Charles Mordaunt sleep somnambulism somnambulist sound mind sufficient suicide symptoms testamentary capacity testator theft thing thought tion true understand volition weakness words

Popular passages

Page 76 - ... 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.

Appears in 794 books from 1832-2008

Page 300 - 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.

Appears in 459 books from 1771-2008

Page 89 - In considering this very interesting question we immediately ask ourselves, what is a contract? Is a grant a contract? A contract is a compact between two or more parties, and is either executory or executed. An executory contract is one in which a party binds himself to do or not to do a particular thing; such was the law under which the conveyance was made by the governor.

Appears in 152 books from 1819-2007

Page 239 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.

Appears in 340 books from 1844-2007

Page 203 - Go — you may call it madness, folly ; You shall not chase my gloom away. There's such a charm in melancholy, I would not, if I could, be gay. Oh, if you knew the pensive pleasure That fills my bosom when I sigh, You would not rob me of a treasure Monarchs are too poor to buy ! S.

Appears in 99 books from 1806-2006

Page 50 - ... 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...

Appears in 354 books from 1798-2008

Page 160 - Actions are, by their very nature, temporary and perishing ; and where they proceed not from some cause in the character and disposition of the person who performed them, they can neither redound to his honour, if good ; nor infamy, if evil.

Appears in 110 books from 1758-2008

Page 49 - What is the law respecting alleged crimes committed by persons afflicted with insane delusion in respect of one or more particular subjects or persons; as, for instance, where at the time of the commission of the alleged crime the accused knew he was acting contrary to law, but 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 supposed public benefit?" In answer to which question, assuming...

Appears in 217 books from 1758-2006

Page 47 - Delusion, therefore, where there IS no frenzy or raving madness, is the true character of insanity ; and where it cannot be predicated of a man standing for life or death for a crime, he ought not, in my opinion, to be acquitted...

Appears in 83 books from 1811-2008

Page 46 - ... it is not every kind of frantic humor or something unaccountable in a man's actions, that points him out to be such a madman rs is to be exempted from punishment ; it must be a man that is 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...

Appears in 223 books from 1812-2008

Bibliographic information

Title	The Medical Jurisprudence of Insanity: With References to the Scotch and American Decisions
Author	John Hutton Balfour Browne
Edition	2
Publisher	S. Whitney & Company, 1880
Length	713 pages

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