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" ... 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 509
by Nebraska State Historical Society - 1905
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The Plea of Insanity in Criminal Cases

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,...
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What Medicine Can Do for Law

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...
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Fraud and the Serious Fraud Office: Fraud Law: Book Two

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...
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Cases & Materials on Criminal Law

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...
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Fundamentals of Forensic Practice: Mental Health and Criminal Law

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....
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Vigilante Newspapers: Tales of sex, religion, and murder in the northwest

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...
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Commentaries on Law & Public Policy

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....
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Federal Probation, Volume 28

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...
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Augustine's Confessions: Critical Essays

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,...
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The Sense of Justice: Empathy in Law and Punishment

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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