Insaneness - Law Dictionary Search Results
Home Dictionary Name: insaneness Page: 2Insanity
Insanity. See PERSON OF UNSOUND MIND....
Partial insanity
Partial insanity, mental unsoundness always exist-ing although only occasionally manifest; such as monomania, See Snith v. Tebbitt, (1867) LR 1 P&D 398....
Lunatic
Lunatic. By the (English) Mental Treatment Act, 1930 (20 & 21 Geo. 5, c. 23), s. 20, the word 'lunatic,' except in the phrase 'criminal lunatic' and in relation to persons detained as lunatics outside England, shall cease to be used in relation to any person of or alleged to be of unsound mind, and the words ''person of unsound mind,' 'person,' 'patient of unsound mind,' or 'of unsound mind,' or such other expression as the context may require are to be substituted in any enactment or document thereunder. See PERSON OF UNSOUND MIND. Mental Treatment Act, 1930 (20 & 21 Geo. 5, c. 23).The general principle governing contracts entered into by insane persons is laid down in The Imperial Loan Co. v. Stone, (1892) 1 QB 559. 'Where a person enters into a contract, and afterwards alleges that he was so insane at the time that he did not know what he was doing and proves the allegation, the contract is as binding on him in every respect, whether it is executory or executed, as if he had been sa...
Monomania
Monomania, Insanity about some particular subject or class of subjects, usually manifested by a single insane delusion. A will made by some one suffering from this condition is usually held valid unless the evidence shows that particular provisions in the will were influenced by the insane delusion, Black's Law Dictionary, 7th Edn., p. 1022.Monomania, insanity upon a particular subject...
Insaneness
Insanity madness...
Macnaughton's Case, Rules in
Macnaughton's Case, Rules in [4 St. Tr. (N.S.) 847]. A discussion took place in the House of Lords upon the direction to the jury by Tindal, C.J., in the trial of Macnaughton, and as a result a series of questions were put to the judges. The answers of the majority constitute 'the rules in Macnaughton's case,' and have been accepted as laying down the law as to insanity with reference to criminal responsibility. See Archbold, Crim. Pleading, etc., 25th Edn., p. 15 et seq. The rules have been the subject of much discussion and criticism by political, medical, and legal writers (see, for example, Lord Birkenhead's letter to The Times, May 26th, 1924). The main rule which is laid down is, that in order to establish a defence on the ground of insanity, it must be 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 the nature and quality of the act he was doing, or, if he did know it,...
diminished capacity
diminished capacity 1 : an abnormal mental condition that renders a person unable to form the specific intent necessary for the commission of a crime (as first-degree murder) but that does not amount to insanity called also diminished responsibility partial insanity compare insanity, irresistible impulse test, m'naghten test, substantial capacity test 2 a : a defense based on a claim of diminished capacity b : the doctrine that diminished capacity may negate an element of a crime NOTE: If diminished capacity is shown, negating an element of the crime with which a defendant is charged, the defendant can only be convicted of a lesser offense that does not include the element. ...
Lucid Interval
Lucid Interval. By a lucid interval is understood, in a legal sense, a temporary cessation of the insanity or a perfect restoration to reason. It differs entirely from a remission, in which there is a mere abatement of the symptoms. See per Lord Thurlow in Attroney-General v. Parnther, (1792) 3 Bro. C. C. 442; also Ray's Med. Jur. of Insan.; Beck's Med. Jur.; and Browne's Med. Jur. of Insan....
defense
defense 1 : the act or action of defending see also self-defense 2 a : the theory or ground that forms the basis for a defendant's opposition to an allegation in a complaint or to a charge in a charging instrument (as an indictment) ;also : the evidence and arguments presented supporting the defendant's opposition see also accord, alibi, assumption of risk, coercion, consent contributory negligence at negligence, denial, diminished capacity, duress, entrapment, estoppel, fraud, infancy, insanity, intoxication, laches, mistake, necessity, res judicata, statute of limitations absolute defense : complete defense in this entry af·fir·ma·tive defense : a defense that does not deny the truth of the allegations against the defendant but gives some other reason (as insanity, assumption of risk, or expiration of the statute of limitations) why the defendant cannot be held liable NOTE: The defendant bears the burden of proof as to affirmative defenses. choice of evils d...
guilty but mentally ill
guilty but mentally ill : a verdict available in some jurisdictions in cases involving an insanity defense in which the defendant is considered as if having been found guilty but is committed to a mental hospital rather than imprisoned if an examination shows a need for psychiatric treatment compare not guilty by reason of insanity ...
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