Insanity Defense in Federal Courts: Hearings Before the Subcommittee on Criminal Justice of the Committee on the Judiciary, House of Representatives, Ninety-seventh Congress, Second Session, on H.R. 6783 and Related Bills ... July 21, 22; August 12, 17; and September 9, 1982U.S. Government Printing Office, 1982 - 465 páginas |
Outras edições - Ver todos
Termos e frases comuns
abolish the insanity acquitted by reason affirmative defense approach Attorney behavior believe bill burden of proof Chairman civil commitment committee conduct Congress constitutional convicted CONYERS crazy criminal justice system criminal law criminal responsibility culpability dangerous defendant's defense of insanity determine disease or defect element evidence expert testimony fact fense found guilty found not guilty GBMI GEBELEIN going guilty but insane guilty but mentally guilty by reason hearing ill bills individual insanity acquittees insanity defense insanity plea intent issue Jersey John Hinckley jurors jury legal insanity legislation M'Naghten M'Naghten rule MCCOLLUM mens rea ment mental disease mental disorder mental hospital mentally ill Michigan moral NGRI offense opinion person prison problem procedures proposal prosecution prove psychiatric testimony psychiatrists punishment question reason of insanity reasonable doubt release ROSENBAUM Senate sentence standard statute Steadman subcommittee testify Thank tion treatment ultimate verdict of guilty wrong
Passagens mais conhecidas
Página 39 - A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect...
Página 11 - Can a medical man conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime ? or his opinion whether the prisoner was conscious at the time of doing the act that he was acting contrary to law, or whether he was labouring under any and what delusion at the time...
Página 178 - ... (B) his capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law...
Página 159 - ... in order to constitute a crime, a person must have intelligence and capacity enough to have a criminal intent and purpose; and if his reason and mental powers are either so deficient that he has no will, no conscience, or controlling mental power, or if, through the overwhelming violence of mental disease, his intellectual power is for the time obliterated, he is not a responsible moral agent, and is not punishable for criminal acts.
Página 263 - The contention that an injury can amount to a crime only when inflicted by intention is no provincial or transient notion. It is as universal and persistent in mature systems of law as belief in freedom of the human will and a consequent ability and duty of the normal individual to choose between good and evil.
Página 265 - A person is not criminally responsible for conduct if at the time of such conduct, as a result of mental disease or mental defect...
Página 346 - A criminal statutory presumption must be regarded as 'irrational' or 'arbitrary,' and hence unconstitutional, unless it can at least be said with substantial assurance that the presumed fact is more likely than not to flow from the proved fact on which it is made to depend.
Página 265 - To 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 laboring under such a defect of reason, from disease of mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Página 273 - The report of the presentence investigation shall contain any prior criminal record of the defendant and such information about his characteristics, his financial condition and the circumstances affecting his behavior as may be helpful in imposing sentence or in granting probation or in the correctional treatment of the defendant, and such other information as may be required by the court.
Página 11 - The function of a standard of proof, as that concept is embodied in the Due Process Clause and in the realm of factfinding, is to 'instruct the factfinder concerning the degree of confidence our society thinks he should have in the correctness of factual conclusions for a particular type of adjudication.