Responsibility in Mental Disease

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D. Appleton, 1874 - Criminal liability - 313 pages
 

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Page 95 - ... 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.
Page 97 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Page 90 - ... 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 as 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, such a one is never the object of punishment...
Page 127 - t be so, Hamlet is of the faction that is wronged ; His madness is poor Hamlet's enemy. Sir, in this audience, Let my disclaiming from a purposed evil Free me so far in your most generous thoughts, That I have shot mine arrow o'er the house, And hurt my brother.
Page 98 - ... 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 law, by which expression we understand your lordships to mean the law of the land.
Page 112 - I think the strongest and best proof that can arise as to a lucid interval is that which arises from the act itself ; that I look upon as the thing to be first examined, and if it can be proved and established that it is a rational act rationally done the whole case is proved.
Page 97 - ... 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 that your Lordships...
Page 107 - That there were such creatures as witches he made no doubt at all; For first, the scriptures had affirmed so much. Secondly the wisdom of all nations had provided laws against such persons, which is an argument of their confidence of such a crime.

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