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Memorandum on Criminal Responsibility.∗

Published online by Cambridge University Press:  19 February 2018

Extract

In the case of a person who is charged with an indictable offence, and who is alleged to be insane, the first question that presents itself for consideration is whether such accused person is, or is not, in a fit mental condition to be called upon to plead to the indictment, and to take his trial; for, according to the common law of England, as stated by Blackstone, in his Commentaries (Book 4, Chap. II): “If a man in his sound memory commits a capital offence, and before arraignment for it, he becomes mad, he ought not to be arraigned for it; because he is not able to plead to it with that advice and caution that he ought.” and this general principle of the common law was set out more fully in a statute passed in the year 1800 (39 and 40 Geo. III., cap. 94), by which it was enacted that “If any person indicted for any offence shall be insane, and shall, upon arraignment, be found so to be by a jury lawfully impanelled for that purpose, so that such person cannot be tried upon such indictment,” … “it shall be lawful for the Court before whom any such person shall be brought to be arraigned, or tried as aforesaid, to direct such finding to be recorded, and thereupon to order such person to be kept in strict custody until His Majesty's pleasure shall be known.”

Type
Part III.—Notes and News
Copyright
Copyright © Royal College of Psychiatrists, 1896

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References

Prepared for the Committee of the Medico-Psychological Association, appointed at the Bristol Meeting$, July, 1894.Google Scholar

See also Tuke's Dictionary of Psychological Medicine, p. 591, Art. “Plead.”Google Scholar

Hansard, 3rd series, vol. lxvii., pp. 714741.Google Scholar

Some Experiences of a Barrister's Life, by Mr, Serjeant Ballantyne. 1882; Bentley. Vol. i., p. 246.Google Scholar

At that time Recorder of London.Google Scholar

Now Lord Justice Lopes.Google Scholar

Afterwards Sir James Fitzjames Stephen.Google Scholar

Afterwards Lord Bramwell.Google Scholar

Afterwards Lord Blackburn.Google Scholar

Report, page 8.Google Scholar

Report, page 26.Google Scholar

Report of Homicide Law Amendment Committee, Question 183.Google Scholar

In the sentence “She di I not know the quality of her act,” the word not in the printed report (page 41) would appear to be an error.Google Scholar

Report, page 63.Google Scholar

Report, page 66.Google Scholar

History of Criminal Law of England, Stephen, , Vol. ii., page 163.Google Scholar

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