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
Catalogue details

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.

    36/40 page 34
    trial, conviction or sentence on account of alleged insanity at the time of the commission of such crime or at any time afterwards and prior to sentence.— Statutes of 1898, part of sec. 596. Habeas corpus.—All person confined in either hospital as insane patients, except persons charged with or convicted of crime and confined therein on the order of any court as provided in the next following section, shall be entitled to the benefit of the writ of habeas corpus, and the question of insanity shall be determined by the court or judge issuing such writ; and if such court or judge shall decide that the person is insane such decision shall be no bar to the issuing of said writ a second time if it shall be claimed that such person, not being so confined in pursuance of the order of any such court, has been restored to reason.—Supplement of Statutes, 1906, sec. 595. Discharge from asylum.—Upon the receipt by the judge of the circuit court or any judge of any other court of record of the county in which any insane person is confined, or the county from which he was committed, of a petition verified by the oaths of any resident of the county wherein such circuit judge holds court or in which such other judge resides, setting forth that the person in whose behalf the petition is filed has theretofore been adjudged insane and alleging that such person is now believed by petitioner to be sane and requesting a judicial examination as to that fact, and further stating whether or not such person has a general guardian, and if he has, the name and resi- dence of such guardian, such judge shall by order appoint two disinterested physicians, of good repute and residents of the county, to examine and report to him whether in their opinion the person named in such petition is sane or insane. If such person has such a guardian the judge shall at the time he appoints such physicians, cause notice of the time and place of making such examination to be served upon him, and such general guardian or any relative or friend of the person to be examined may appear at such examination. If such physicians report such person sane and the judge is satisfied that he is sane and no demand for a jury trial is made, a judgment to that effect shall forthwith be entered; but if the judge shall direct, or the person examined, his guardian or any of such person's friends or relatives shall demand, a trial by jury, an order for such a trial shall forthwith be entered. After hearing the evidence and arguments the jury shall return a verdict of sane or insane as they agree; if they disagree they shall be discharged and another jury may be impan- eled. Judgment shall be entered in accordance with the fact found by the jury; if they find that the person is insane the judge shall make a further order of commitment to some hospital or asylum, or not, as in his judgment the facts warrant.—Statutes of 1898, sec. 587 (portion). WYOMING Complaint and trial [as to insanity of accused person].—If any person accused of or convicted of any crime, misdemeanor or offense against the laws of this state, or against the laws of the late territory of Wyoming, shall be confined in any penitentiary, county jail of any county, or other place of con- finement, awaiting trial, or who is confined therein under and pursuant to the sentence or judgment of any court or justice of the peace in this state, and is of unsound mind, any officer or person having such person of unsound mind in his charge shall, and any citizen of this state may, make complaint thereof, and the question of the sanity of such person shall be inquired of, tried and determined under and according to the law of this state providing for and regulating trials, inquisitions, and proceedings in cases of inquiry into the sanity of other persons of unsound mind. [Care of accused or convicted person, who is insane].—If any such person accused of or convicted of any crime, misdemeanor or offense shall be found of unsound mind or insane upon such inquiry, trial or proceeding, he or she shall be forthwith taken to such place or places for treatment as shall be provided for or prescribed by the state board of charities and reform either generally, or for that particular case, and it shall be the duty of any and all persons, boards, superintendents, officers and employees of the place so designated by
    digitised image 1
    digitised image 2
    digitised image 3