... 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, if he did know it, that he did not know he was doing... Publications - Nebraska State Historical Society - Page 509by Nebraska State Historical Society - 1905Full view - About this book
| Forbes Winslow - Criminal liability - 2005 - 122 pages
...it must be clearly proved, that, at the time of commit108 APPENDIX. ting the act, the party accused was laboring under such a defect of reason from disease...that he did not know he was doing what was wrong. The mode of putting the latter part of the question to the jury on these occasions has generally been,... | |
| Benjamin Nathan Cardozo - Law - 2005 - 58 pages
...the ground of insanity it must be clearly proved that, at the time of committing the act, the accused was laboring under such a defect of reason, from disease...that he did not know he was doing what was wrong" (McNaghten s Case, 10 Cl. & F. 200). The test established by McNaghten's Case has been incorporated... | |
| Sally Ramage - Commercial crimes - 2005 - 185 pages
...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. The wording of the McNaghten Rules was determined by the fact that the case involved delusions. The... | |
| Michael T. Molan - Law - 2005 - 754 pages
...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. It will be noted from the above that the rules envisage the defendant's defect of reason as manifesting... | |
| Richard Rogers, Daniel Shuman - Psychology - 2006 - 438 pages
...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, that he did not know he was doing what was wrong" (M'Naghten, 1843). Absent a defendant's assertion of the defense, the defendant is presumed to be sane.... | |
| Gerald J. Baldasty - History - 2010 - 198 pages
...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.'" In strict legal terms, it would be difficult to show that George Mitchell did not know the nature of... | |
| Robert McGee - Business & Economics - 2005 - 436 pages
...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. In Daniel M'Naghten's Case, 8 Eng. Rep. 718, 722 (HL 1843). New Jersey follows the M'Naghten Rule.... | |
| Crime - 1964 - 358 pages
...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. M'Naghten's case, 10 Cl. and F. 200, 210, 8 Eng. Rep. 718, 722, 1843. Other Tests of Responsibility... | |
| William E. Mann - Biography & Autobiography - 2006 - 256 pages
...specifies that a person was criminally insane if "at the time of committing the act, the party accused was laboring under such a defect of reason, from disease...that he did not know he was doing what was wrong." It is but a short step from here to the opinion that the insane are not responsible for their actions,... | |
| Markus Dirk Dubber - Law - 2006 - 206 pages
...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." When the M'Naghten insanity test is said to be in keeping with "the community sense of justice" it... | |
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