Report of the trial of Daniel McNaughton for the ... murder of Edward Drummond, by R.M. Bousfield and R. Merrett

Első borító
1843 - 80 oldal
 

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6. oldal - ... where a man is totally deprived of his understanding and memory, and does not know what he is doing, any more than an infant, a brute, or a wild beast, he will properly be exempted from justice or the punishment of the law.
5. oldal - ... there be thought and design ; a faculty to distinguish the nature of actions ; to discern the difference between moral good and evil ; then upon the fact of the offence proved ,the judgment of the law must take place.
42. oldal - ... and throwing them into the river which surrounded the tower, where the princess received them in a boat. There existed, of course, no tower, no imprisonment, no writing in cherry juice, no river, no boat; but the whole the inveterate phantom of a morbid imagination. I immediately," continued Lord Mansfield, "directed Dr.
38. oldal - ... ought not, in my opinion, to be acquitted ; and, if courts of law were to be governed by any other principle, every departure from sober, rational conduct would be an emancipation from criminal justice. I shall place my claim to your verdict upon no such dangerous foundation. I must convince you not only that the unhappy prisoner was a lunatic, within my own definition of lunacy, but that the act in question was the immediate, unqualified offspring of the disease.
27. oldal - There is a partial insanity of mind, and a total insanity. The former is either in respect to things, quoad hoc vel illud 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...
5. oldal - most part discover their defect in excessive fears and " griefs, and yet are not wholly destitute of the use of rea" son; and this partial insanity seems not to excuse them in " the committing of any offence for its matter capital...
40. oldal - ... nature, between a particular crime and all other crimes, whereby they are led to approve, what, in general terms, they have already condemned. It is a fact, not calculated to increase our faith in the march of intellect...
27. oldal - I can think of is this; such a person as labouring under melancholy distempers hath yet ordinarily as great understanding, as ordinarily a child of fourteen years hath, is such a person as may be guilty of treason or felony.
29. oldal - In other cases, reason is not driven from her seat, but distraction sits down upon it along with her, holds her trembling upon it, and frightens her from her propriety.
28. oldal - But in all the cases which have filled Westminster Hall with the most complicated considerations, the lunatics, and other insane persons who have been the subjects of them, have not only had memory, in my sense of the...

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