A collection of state statutes relating to insanity in criminal cases / third report of Committee B of the American Institute of Criminal Law and Criminology.
- American Institute of Criminal Law and Criminology. Committee on Insanity and Criminal Responsibility.
- Date:
- 1913
Licence: Public Domain Mark
Credit: A collection of state statutes relating to insanity in criminal cases / third report of Committee B of the American Institute of Criminal Law and Criminology. Source: Wellcome Collection.
Provider: This material has been provided by the Harvey Cushing/John Hay Whitney Medical Library at Yale University, through the Medical Heritage Library. The original may be consulted at the Harvey Cushing/John Hay Whitney Medical Library at Yale University.
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![judge is authorized to make all necessary orders to carry into effect this power. Where the person so sent is not a pauper, he shall be supported out of his own estate, according to the regulations to be prescribed by the court, as on a writ of de lunatico inquirendo.—Code of Laws, 1902, sec. 2264. SOUTH DAKOTA. Who are capable of committing crimes.—Lunatics, insane persons, and all persons of unsound mind, including persons temporarily or partially deprived of reason, upon proof that at the time of committing the act charged against them they were incapable of knowing its wrongfulness.—Penal Code, 1903, sec. 16, 4. Sections S44-SS1 of the Code of Criminal Procedure, 1903, prescribing the method for determining when an accused person is insane at the time of the trial, are practically the same as sections 1367-1372 of the Penal Code of Cali- fornia, 1901. Defense of insanity and acquittal.—If the defense is the insanity of the defendant, the jury must be instructed, if they acquit him on that ground, to state the fact with their verdict. The court may thereupon, if the defendant is in custody, and it deems his discharge dangerous to the public peace or safety, order him to be committed to the care and custody of the hospital for insane until he becomes sane.—Laws of 1911, chap. 171. Insane person entitled to habeas corpus.—All persons confined as insane shall be entitled to the benefit of the writ of habeas corpus, and the question of insanity shall be decided at the hearing, and if the judge or court shall decide that the person is insane, such decision shall be no bar to the issuing of the writ the second time, whenever it shall be alleged that such person has been restored to reason.—Political Code, 1903, sec. 2826. TENNESSEE. Person accused of crime found insane.—When, upon the arraignment of any person not previously known or believed to be insane, who may be charged with a criminal offense punishable by imprisonment in the penitentiary or death, the plea of present insanity is urged in his or her behalf, the court shall charge the jury that if. from the evidence, they believe the defendant to be insane, they shall so find; but the powers of courts to commitment to the hospital for the insane shall not extend to insane persons arraigned for felonious assaults or misdemeanors only, or those who, by reason of their insane condition, may be admissible to the hospitals for the insane under the general laws of commitment provided therefor.—Code of 1896, sec. 2631. [Insanity of indicted person].—If the court in which a person is indicted for a criminal offense is satisfied that he is non compos mentis, and he has been so for four successive terms, it may discharge him from, custody upon the recognizance of good and sufficient sureties, acknowledged before the court, for his personal appearance at the next succeeding term, in such sum as the court may direct. And the court may renew the recognizance from term to term, in its discretion, so long as the defendant continues under the disability.—Code of 1896, sec. 7439. TEXAS. Insanity a defense.—No act done in a state of insanity can be punished as an offense. No person who becomes insane after he committed an offense shall be tried for the same while in such condition. No person who becomes insane after he is found guilty shall be punished for the offense while in such condi- tion.—Penal Code, 1911, title I, chap. 3, art. 39. Proof of insanity according to common law.—The rules of evidence known to the common law in respect to the proof of insanity shall be observed in all trials where that question is in issue.—Penal Code, 1911, title I, chap. 3, art. 40. Acquittal for insanity.—When the defendant is acquitted on the ground of insanity, the jury shall so state in their verdict.—Code of Criminal Procedure, 1911, title 8, chap. 6, art. 780.](https://iiif.wellcomecollection.org/image/b2101209x_0030.jp2/full/800%2C/0/default.jpg)
