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" ... 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... "
Criminal Law, Pleading and Practice in the Courts of the State of California ... - Seite 18
von California - 1881 - 725 Seiten
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Back to the Asylum: The Future of Mental Health Law and Policy in the United ...

John Q. LaFond, Mary L. Durham - 1992 - 281 Seiten
...focus of this reform movement was the 150-year-old M'Naghten test of insanity, which provided that: [I]t 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...
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Framing Disease: Studies in Cultural History

Charles E. Rosenberg, Janet Lynne Golden - 1992 - 360 Seiten
...by the courts to preclude responsibility for the criminal action. According to the M'Naghten test: To establish a defense on the ground of insanity it must be clearly proved that at the time of committing the act, the accused was labouring under such a defect of reason, from disease of the mind,...
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Reports of Cases Determined in the Supreme Court of the State of ..., Band 47

California. Supreme Court - 1906 - 834 Seiten
...and struck and killed the deceased. The instructions referred to in the opinion were as follows: " 3. To establish a defense on the ground of insanity it must be clearly proved that at the time of committing the act the defendant was laboring under such a defect of reason from disease of the mind...
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Child Mental and the Law

Barry Nurcombe - 2010 - 650 Seiten
...enunciated in the late nineteenth century by the English House of Lords, a defendant is exculpated if, "at the time of the committing of the act, the party accused was laboring 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 that the act...
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Louis 'David' Riel: Prophet of the New World

Thomas Flanagan - 1996 - 264 Seiten
...argue their case under the McNaghten Rules, which at that time applied throughout the British Empire: to establish a defense on the ground of insanity it must be clearly proved that, at the time of committing the act, the accused was labouring under such a defect of reason, from disease of the mind,...
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The Rules of Insanity: Moral Responsibility and the Mentally Ill

Carl Elliott - 1996 - 160 Seiten
...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 defense on the grounds of insanity, it must be conclusively proved that, at the time of committing the act, the party...
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Introduction to Forensic Sciences, Second Edition

William G. Eckert - 1996 - 418 Seiten
...US adhere to an English definition of insanity formulated in 1843; the M'Naughten definition states, "It must be clearly proved that, at the time of the...accused was laboring under such a defect of reason, from a disease of the mind, as not to know the nature and quality of the act he was doing, or if he did...
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Governing the Dangerous: Dangerousness, Law, and Social Change

John Pratt - 1997 - 228 Seiten
...Minister's private secretary and then pleaded insanity. It was determined that: [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 person accused was labouring under such a defect of reason, from disease of the mind, as not to know...
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Getting Away with Murder: How Politics Is Destroying the Criminal Justice System

Susan Estrich - 2009 - 184 Seiten
...their decision, and the M'Naughten rule emerged in answer to the questions. "To establish a defense of insanity, it must be clearly proved that, at the...accused was laboring under such a defect of reason, from disease of mind, as not to know the nature and quality of the act he was doing, or if he did know it,...
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After Homicide: Practical and Political Responses to Bereavement

Paul Elliott Rock - 1998 - 386 Seiten
...named after a man who attempted to assassinate Sir Robert Peel, laid down that 'to establish a defence on the ground of insanity, it must be clearly proved...of the committing of the act, the party accused was labouring under such a defect of reason, from disease ot the mind, as not to know the nature and quality...
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