Text-book of forensic medicine and toxicologyBuchanan, R. J. M. (Robert James McLean)
Science
Text-book of forensic medicine and toxicology
Buchanan, R. J. M. (Robert James McLean)
Medical jurisprudence; Poisons
7. Begin, “This is the last will of me, W. B. of S.”; and end, “and I
revoke all former wills and codicils.” Dated this ___________ day of
______________ one thousand, &c.
CHAPTER XVI
MENTAL UNSOUNDNESS
In the whole range of medical jurisprudence there is no subject more
interesting, more difficult, or more important than the diagnosis
of insanity, and its relation to the criminal responsibility of
individuals. It is impossible, in the short space at our disposal, to
do more than to offer a few remarks which may assist the student in the
elucidation of some of the most important cases which may engage his
attention.
=Legal Definitions.=--Three forms of mental disorder are recognised in
law:
1. _A nativitate, vel dementia naturalis_--idiocy or imbecility.
2. _Dementia accidentalis, vel adventitia_--acquired general
insanity, either temporary or permanent, lunacy.
3. _Dementia affectata_, acquired madness from intoxication, &c.
(See “Delirium Tremens,” p. 205.)
Under the term lunacy are included the mania, monomania, and dementia
of medical writers. Another term frequently used in legal proceedings,
the meaning of which it is not easy to give, is “_non compos mentis_,”
_unsoundness of mind_. According to the late Forbes Winslow,
“unsoundness of mind is not lunacy” in the legal acceptance of the
phrase. This term was first used in a Statute passed in the reign of
Henry VIII., relating to the punishment of treasonable offences, and
is defined by the early law text-books to be strictly one who _gaudet
lucidis intervallis_--a definition not psychologically exact. The
phrase “unsoundness of mind” was first used by the late Lord Eldon to
designate a state of mind not exactly idiotic, and not lunatic with
delusions, but a condition of intellect occupying a place between the
two extremes, and unfitting the person for the government of himself
and the management of his affairs.
The above definition has been acted upon by other judges--Lyndhurst,
Brougham, &c. As a rule, a medical witness will consult his own
interest in not attempting to define insanity, bearing in mind the
philosophic caution of Polonius, who, when addressing Hamlet‘s mother,
says--
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