Limiting the Insanity Defense: Hearings Before the Subcommittee on Criminal Law of the Committee on the Judiciary, United States Senate, Ninety-seventh Congress, Second Session, on S. 818, S. 1106, S. 1558, S. 1995, S. 2572, S. 2658, and S. 2669, June 24, 30, and July 14, 1982
U.S. Government Printing Office, 1983 - 395 páginas
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Página 309 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of the 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 309 - As these two questions appear to us to be more conveniently answered together, we submit our opinion to be that the jury ought to be told in all cases that every man is presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction.
Página 16 - State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands. [TITLE I — EMPLOYMENT] SEC. 101. DEFINITIONS. As used in this title: (1) Commission. — The term "Commission...
Página 6199 - Federal health care program, shall be guilty of a felony and upon conviction thereof, shall be fined not more than $25,000 or imprisoned for not more than five years, or both.
Página 309 - ... 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 6204 - The court, in determining the particular sentence to be imposed, shall consider (1 ) the nature and circumstances of the offense and the history and characteristics of the defendant...
Página 309 - What is the law respecting alleged crimes, committed by persons afflicted with insane delusion in respect of one or more particular subjects or persons ; as for instance, where, at the time of the commission of the alleged crime, the accused knew he was acting contrary to law, but did the act complained of with a view, under the influence of insane delusion, of redressing or avenging some supposed grievance or injury, or of producing some supposed public benefit.
Página 309 - What are the proper questions to be submitted to the jury, where a person alleged to be afflicted with insane delusion respecting one or more particular subjects or persons, is charged with the commission of a crime (murder, for example), and insanity is set up as a defence? And thirdly, "In what terms ought the question to be left to the jury as to the prisoner's state of mind at the time when the act was committed?
Página 6217 - State law — (A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and (B) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation.