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
6. _Insanity with Lucid Intervals._--Haslam, Ray, and others appear
to deny the possibility of lucid intervals; but M. Esquirol, on the
other hand, fully recognises the existence of this form of insanity.
In a legal sense, a temporary cessation of the insanity constitutes
a lucid interval, but the cessation must be complete, and not merely
a remission of the symptoms. The interval must be of some duration;
and when continuous insanity has been proved, the onus of proving a
lucid interval in civil cases rests with the party trying to support
the validity of a deed executed during the alleged interval. “If
you can establish,” says Sir W. Wynne, “that the party afflicted
habitually by a malady of the mind has intermissions, and if there was
an intermission of the disorder at the time of the act, that being
proved is sufficient, and the general habitual insanity will not affect
it, but the effect of it is this--it inverts the order of proof and
presumption; for, until proof of habitual insanity, the presumption
is that the party agent, like all human creatures, was rational; but
when an habitual insanity in the mind of the person who does the act is
established, then the party who would take advantage of the fact of an
interval of reason must prove it.” In civil cases the law recognises
the validity of wills made during lucid intervals, and has even taken
the reasonableness of a will as a proof of a lucid interval.
7. Have measures been taken by the culprit to escape punishment?
The classification of insanity adopted here is that given by Ray, and
is sufficient for all practical purposes:
Public-domain text, read in full here on John Shaqi.
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