| James Gobert, Maurice Punch - 2003 - 422 Seiten
...to establish a defence of insanity, must prove that 'at the time of the committing of the act, [he] was labouring under such a defect of reason, from...or, if he did know it, that he did not know he was doing what was wrong'.1 It is hard to see how a sociopath could satisfy this test. Sociopaths, although... | |
| Stephen Kern - 2009 - 448 Seiten
...hundred years. It held that an insanity defense must show that "at the time of committing the act, the accused was labouring under such a defect of reason,...or if he did know it, that he did not know he was doing what was wrong." This rule, based solely on the cognitive capability of the accused with no allowance... | |
| L. R. Uys, Lyn Middleton - 2004 - 788 Seiten
...the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the accused was labouring under such a defect of reason,...or, if he did know it, that he did not know he was doing what was wrong. (Archbold in Kruger 1980: 172). In South Africa, the first concession to the... | |
| Michael T. Molan - 2005 - 754 Seiten
...and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction; and that to establish...or, if he did know it, that he did not know he was doing what was wrong. It will be noted from the above that the rules envisage the defendant's defect... | |
| Robert McGee - 2005 - 436 Seiten
...M'Naghten Rule and the American Law Institute Model Penal Code test. According to the M'Naghten test: [T]o establish a defence on the ground of insanity,...or, if he did know it, that he did not know he was doing what was wrong. In Daniel M'Naghten's Case, 8 Eng. Rep. 718, 722 (HL 1843). New Jersey follows... | |
| Jerome Hall - 2010 - 656 Seiten
...responsibility. Of the several rules then published, the most important one is the following : "... to establish a defence on the ground of insanity,...or, if he did know it, that he did not know he was doing what was wrong."66 The judges who formulated the M'Naghten Rules did not regard them as innovations... | |
| 1964 - 358 Seiten
...establish a defense on the ground of insanity it must be clearly proved that at the time of committing the act, the party accused was labouring under such...or if he did know it, that he did not know he was doing what was wrong. M'Naghten's case, 10 Cl. and F. 200, 210, 8 Eng. Rep. 718, 722, 1843. Other Tests... | |
| Sally Ramage - 2005 - 185 Seiten
...establish a defence on the ground of insanity, it must be clearly proved that at the time of committing the act the party accused was labouring under such...or, if he did know it, that he did not know he was doing what was wrong. The wording of the McNaghten Rules was determined by the fact that the case involved... | |
| Gerald J. Baldasty - 2010 - 198 Seiten
...man is presumed to be sane" until proven insane. The definition of insanity was that the defendant "was labouring under such a defect of reason, from...or if he did know it, that he did not know he was doing what was wrong.'" In strict legal terms, it would be difficult to show that George Mitchell did... | |
| Great Britain: Law Commission - 2006 - 280 Seiten
...or the ' See M'Naghten's Case (1843) 10 Cl & Fin 200, 210, "the jurors ought to be told in all cases that... to establish a defence on the ground of insanity,...or if he did know it, that he did not know he was doing what was wrong." ! And/or to use information obtained, when possible, through the disclosure... | |
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