Mental diseases: a public health problemMay, James Vance
Science
Mental diseases: a public health problem
May, James Vance
Mental health services; Psychology, Pathological
A brief reference to the history of the development of the present
legal conceptions of criminal responsibility will justify the comments
made by Ray. The terms idiocy, lunacy and non compos mentis were all
used by Coke in his "Institutes of the Laws of England" written, as
nearly as can be determined, in 1625. A differentiation between the
significance of the word idiot and non compos mentis appeared as
early as 1325 in the English statute "De Praerogativa Regis," which
delegated various responsibilities to the crown that are recognized
to this day. Sir Matthew Hale, about 1670, described a partial and a
total insanity, the former not being accepted as relieving the accused
of responsibility for the commitment of a crime. It is an interesting
fact that we still hear the question of partial insanity seriously
discussed. In 1723 Justice Tracy in a murder trial ruled that "a
prisoner in order to be acquitted on the ground of insanity must be
a man that is totally deprived of his understanding and memory, and
doth not know what he is doing no more than an infant, than a brute
or a wild beast." As a result of this ruling a man was found guilty
of attempting to murder a neighbor who sent devils and imps into his
house at night for the purpose of disturbing his sleep. Fortunately
the sentence was commuted to life imprisonment. In 1812 the Attorney
General of England[79] ruled that "a man may be deranged in his
mind—his intellect may be insufficient for enabling him to conduct
the common affairs of life, such as disposing of his property, or
judging of the claims which his respective relations have upon him; and
if he be so, the administration of the country will take his affairs
into their management, and appoint to him trustees; but, at the same
time, such a man is not discharged from his responsibility for criminal
acts."
Public-domain text, read in full here on John Shaqi.
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