Blackwood's Edinburgh Magazine, Volume 68, No. 421, November 1850Various
General
Blackwood's Edinburgh Magazine, Volume 68, No. 421, November 1850
Various
England -- Periodicals; Scotland -- Periodicals
QUESTION I.--"_What is the law_ respecting alleged crimes committed
by persons afflicted with insane delusion, in respect of one or
more particular subjects, or persons:--as for instance, where, at
the time of the commission of the alleged crime, the accused knew
he was acting contrary to law, but did the act complained of, with
a view, under the influence of insane delusion, of redressing or
revenging some supposed grievance or injury, or of producing some
public benefit?"
ANSWER.--"Assuming that your lordships' inquiries are confined
to those persons who labour under such partial delusions only,
and are not in other respects insane, we are of opinion, that,
notwithstanding the party did the act complained of with a view,
under the influence of insane delusion, of redressing or revenging
some supposed grievance or injury, or of producing some public
benefit, he is nevertheless punishable according to the nature of
the crime committed, if he knew, at the time of committing such
crime, that he was acting contrary to law; by which expression we
understand your Lordship to mean the law of the land."
QUESTIONS II. and III. (1.)--"What are the proper questions to be
submitted to the jury, when a person alleged to be afflicted with
insane delusion, respecting one or more particular subjects or
persons, is charged with the commission of a crime (murder, for
example) and insanity is set up as a defence?"
(2.) "In what terms ought the question to be left to the jury,
as to the prisoner's state of mind at the time when the act was
committed?"
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