Treatise on medical jurisprudence / By Francis Wharton ... and Moreton Stille.

  • Wharton, Francis, 1820-1889.
Date:
1855
Catalogue details

Licence: Public Domain Mark

Credit: Treatise on medical jurisprudence / By Francis Wharton ... and Moreton Stille. Source: Wellcome Collection.

Provider: This material has been provided by the Harvey Cushing/John Hay Whitney Medical Library at Yale University, through the Medical Heritage Library. The original may be consulted at the Harvey Cushing/John Hay Whitney Medical Library at Yale University.

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    Opinion of Lord Brougham on this point, § 17. Objections to this view, § 18. Compatibility of hallucinations with sound disposing memory, g 19. Instances of existence of hallucinations in persons otherwise sane, \ 21. 3d. Lucid Intervals. When habitual insanity is shown, the presumption is, that the act was com- mitted in an insane period, g 33. The character of the act goes a great way in determining whether it was committed in a lucid interval, \ 35. 4th. Intoxication. When actually existing, renders a party civilly incompetent. A party, however, cannot use his drunkenness as a means of imposition, § 36. Difference in this respect between executed and unexecuted contracts, \ 37. In actions for torts, drunkenness is no defence on the merits. Drunkenness avoids a will when acted on by fraud or imposition, \ 38. II. W^HAT IS NECESSARY TO BE PROVED, LN ORDER TO DEPRIVE A PARTY OF THE MANAGEMENT OF HIS ESTATE, \ 40. When a party is incapable, the practice is to appoint a committee, who take the alleged lunatic's place, § 41. In what way the question of lunacy under such circumstances is tried, \ 42. General and not partial incompetency must be shown, \ 42. The test is, Is the respondent capable of managing his own estate? § 42. What in such cases is required of medical witnesses, \ 43., The same process lies in a case of habitual drunkenness, \ 44. The test here is, Is there a fixed habit of drunkenness ? \ 44. III. WHAT DEGREE OF UNSOUNDNESS AVOIDS RESPONSIBILITY FOR CRIME, I 45. The difficulties in this respect have arisen from mistaken dicta given in particu- lar cases for general and absolute rules. Ill consequences arising from looseness of citation, § 45, n. The true doctrine is that medical science is a part of the common law of the land, and is to be treated as such, \ 45, n. 1st. Cases where the defendant is incapable of distinguishing right from WRONG IN REFERENCE TO THE PARTICULAR ACT, \ 46. Under this head fall cases of idiocy and amentia, \ 46. 2d. Cases where the defendant is acting under an insane delusion as to cir- cumstances, WHICH, IF TRUE, WOULD RELIEVE THE ACT FROM RESPONSI- SIBILITY, OR WHERE HIS REASONING POWERS ARE SO DEPRAVED AS TO MAKE THE COMMISSION OF THE PARTICULAR ACT THE NATURAL CONSEQUENCE OF TnE DELUSION. An act committed under a bona fide belief of its necessity in self-defence, will be regarded as if there really was such necessity, \ 47. And the gauge here is the defendant's capacity, \ 47. An honest insane delusion is to be viewed in the same light, $ 48. But the delusion must have been the cause of the crime, in order to excuse it, and not collateral, \ 49. 3d. Cases where the defendant is impelled by a morbid and uncontrollable IMPULSE TO COMMIT THE PARTICULAR ACT, \ 53. The doctrine of homicidal mania has been recognized by the courts of this country, \ 53. Chief Justice Shaw, g 53. Chief Justice Gibson, \ 54. Chief Justice Lewis, \ 55. Chief Justice Hornblower, contra, \ 57. The right and wrong test is impracticable as an absolute rule, § 60, 61. IV. HOW FAR INTOXICATION AFFECTS RESPONSIBILITY FOR CRIME, \ 62. 1st. INSANITY PRODUCED BY DELIRIUM TREMENS AFFECTS RESPONSIBILITY IN THE SAME WAY AS INSANITY PRODUCED BY ANY OTHER CAUSE, \ 61!. 2d. Insanity immediately produced by intoxication does not destroy respon- sibility WHERE THE PATIENT, WHEN SANK AND RESPONSIBLE, MADE HIMSELF VOL- UNTARILY intoxicated, \ 66. 3d. Whim: intoxication is, per se, no defence to the fact of GUILT, vkt wnEN THE QUESTION OF INTENT OR PR KM EDIT A TION IS CONCERNED, IT IS MATERIAL FOR THE PURPOSE OF DETERMINING THE PRECISE DEGREE, \ 70.