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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... "
The Institutes of English Public Law: Embracing an Outline of General ... - Сторінка 357
автори: David Nasmith - 1873 - 455 стор.
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A Treatise on the Law of Homicide in the United States: To which is Appended ...

Francis Wharton - 1875 - 848 стор.
...reason to be responsible for his crimes, until the contrary be proved to their satisfaction; and that to establish a defence on the ground of insanity, it must be clearly proved that at the time of committing the act the party accused was laboring under such a defect of reason, from disease of the...
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A History of Criminal Law in New South Wales: The Colonial Period, 1788-1900

Gregory D. Woods - 2002 - 488 стор.
...reason to be responsible for his crimes, until the contrary be proved to their satisfaction; and that to establish a defence on the ground of insanity,...that he did not know he was doing what was wrong. 6 See R. v. Hadfield (1800) 27 St. Tr. (NS) 1281. 7 N. Walker, Crime and Insanity in England, 1968,...
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The Leviathan's Choice: Capital Punishment in the Twenty-first Century

James Michael Martinez, William Donald Richardson, D. Brandon Hornsby - 2002 - 442 стор.
...(1843) (Tindall, JL.CJ). According to Lord Justice Tindall, "[T]o establish a defense on the grounds of insanity, it must be clearly proved that, at the...that he did not know he was doing what was wrong." 59 Rev. Rep. 912. 12. The Fifth Amendment, passed contemporaneously with the Eighth Amendment in 1791,...
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Crime, Punishment, and Disease

2001 - 139 стор.
...nine years after Bentham's death, insist that a man must be held accountable for his actions unless he was 'labouring under such a defect of reason, from...or, if he did know it, that he did not know he was doing what was wrong'.56 Since their first formulation these rules have been subject to increasing...
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Psychiatry in Law/law in Psychiatry: Psychiatry in law

Ralph Slovenko - 2002 - 584 стор.
...specific effects that must result as a consequence of the disorder. Thus, under the M'Naghten test "it must be clearly proved that 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...
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Paradoxes of Free Will

Gunther Siegmund Stent - 2002 - 314 стор.
...acquittal on the grounds of insanity. The criterion they promulgated declares that to establish a defense on the ground of insanity it must be clearly proved that, at the time of committing the action, the accused was suffering from a disease of the mind that produced so great...
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Reconstructing Mental Health Law and Policy

Nicola Glover-Thomas - 2002 - 276 стор.
...observed that in order to establish insanity, 'it must be clearly proved that, at the time of committing 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 of the act he was doing; or if he did know...
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Evaluating Competencies: Forensic Assessments and Instruments

Thomas Grisso - 2003 - 568 стор.
...to the Lords' request and answered in part with the following statement: "(T)o establish a defense on the ground of insanity, it must be clearly proved...that he did not know he was doing what was wrong" (McNaughtan's Case, 1843, p. 722.). Some states adopted the McNaughtan standard strictly, while others...
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Rethinking Corporate Crime

James Gobert, Maurice Punch - 2003 - 422 стор.
...to establish a defence of insanity, must prove that 'at the time of the committing of the act, [he] was labouring under such a defect of reason, from...or, if he did know it, that he did not know he was doing what was wrong'.1 It is hard to see how a sociopath could satisfy this test. Sociopaths, although...
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Handbook of Psychology, Forensic Psychology

Alan M. Goldstein - 2003 - 627 стор.
...Lord Chief Justice to two of the questions. The M'Naghten standard holds that to establish a defense on the ground of insanity, it must be clearly proved...was labouring 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...
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