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Non compos mentis is a Latin legal phrase that translates to "of unsound mind": nōn ("not") prefaces compos mentis, meaning "having control of one's mind."This phrase was used in English law as early as the seventeenth century to describe people afflicted by madness, the loss of memory or ability to reason.
In Woodbridge v The Queen the court stated that a symptom indicating a disease of the mind must be prone to recur and be the result of an underlying pathological infirmity. [42] A 'defect of reason' is the inability to think rationally and pertains to incapacity to reason, rather than having unsound ideas or difficulty with such a task. [39]
The ALI rule, or American Law Institute Model Penal Code rule, is a recommended rule for instructing juries how to find a defendant in a criminal trial is not guilty by reason of insanity.
The House of Lords delivered the following exposition of the rules: . the jurors ought to be told in all cases that every man is to be 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; and that to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the ...
The Romans also supported humane treatment of the mentally ill, and in so doing, codified into law the principle of insanity as a mitigation of responsibility for criminal acts, [7] although the criterion for insanity was sharply set as the defendant had to be found "non compos mentis", a term meaning "not sound of mind". [8]
Provisions As To Accused Persons Of Unsound Mind: Chapter 28 Clause 379 to 391 Provisions As To Offences Affecting The Administration Of Justice: Chapter 29 Clause 392 to 406 The Judgment: Chapter 30 Clause 407 to 412 Submission Of Death Sentences For Confirmation: Chapter 31 Clause 413 to 435 Appeals' Chapter 32 Clause 436 to 445 Reference And ...
This is a necessary element—that is, the criminal act must be voluntary or purposeful. Mens rea is the mental intention (mental fault), or the defendant's state of mind at the time of the offense, sometimes called the guilty mind. It stems from the ancient maxim of obscure origin, "actus reus non facit reum nisi mens sit reas" that is ...
In the jurisdiction of England and Wales, the Madhouses Act 1774 originated what later became Metropolitan Commissioners in Lunacy, under the Madhouses Act 1828.The Lunacy Acts 1890–1922 referred to "lunatics", but the Mental Treatment Act 1930 changed the legal term to "person of unsound mind", an expression which was replaced under the Mental Health Act 1959 by "mental illness".