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.

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    be remanded to prison, and criminal proceedings be resumed, or he be otherwise discharged.—Criminal Code of 1907, sec. 7180. Habeas corpus for the release of insane persons confined.—Any person con- fined as insane may prosecute a writ of habeas corpus as provided in this chap- ter; and if the judge, or the jury, when the petitioner demands the issues aris- ing to be tried by a jury, shall decide at the hearing that the person is insane, such decision does not bar a second application alleging that such person has been restored to sanity.—Criminal Code of 1907, sec. 7009. ARIZONA. Sections 1147-1153 of the Penal Code of 1901, prescribing the method and procedure for determining whether an accused person is insane at the time of the trial, are practically the same as sections 1367-1372 of the Penal Code of California, 1901. Acquittal on ground of insanity.—If the jury render a verdict of acquittal on the ground of insanity, the court may order a jury to be summoned from the jury list of the county to inquire whether the defendant continues to be insane. The court may cause the same witnesses to be summoned who testified on the trial, and other witnesses, and direct the district attorney to conduct the proceedings, and counsel may appear for the defendant. The court may direct the sheriff to take the defendant and retain him in custody until the question of continuing insanity is determined. If the jury find the defendant insane, he shall be committed by the sheriff to the territorial insane asylum. If the jury find the defendant sane, he must be discharged.—Penal Code of 1901, sec. 982. ARKANSAS. Persons capable of committing crimes.—A lunatic or insane person, without lucid intervals, shall not be found guilty of any crime or misdemeanor with which he may be charged. A person who becomes insane or lunatic after the commission of a crime or misdemeanor shall not be tried for the offense during the insanity or lunacy. A person shall be considered of sound mind who is neither an idiot or a lunatic, or affected with insanity, and who hath arrived at the age of fourteen years, or before that age, if such person know the distinction between good and evil.—Kirby's Digest of the Stat., 1904, sees. 1550-1552. [Insanity at time of trial.]—If the court shall be of the opinion that there are reasonable grounds to believe that the defendant is insane, all proceedings in the trial shall be postponed until the jury be impaneled to inquire whether the defendant is of unsound mind, and if the jury shall find that he is of unsound mind the court shall direct that he be kept in prison, or conveyed by the sheriff to the lunatic asylum, and there kept in custody by the officers thereof until he is restored, when he shall be returned to the sheriff, on demand, to be recon- veyed by him to the jail of the county.—Kirby's Digest of the Stat., 1904, sec. 2277. Verdict when acquitted for insanity.—If the defense be the insanity of the defendant, the jury must be instructed, if they acquit him on that ground, to state the fact in their verdict.—Kirby's Digest of the Stat., 1904, sec. 2418. [Admission to asylum].—Any person admitted to the said asylum under the provisions of this act, shall be there and then kept until restored to reason, which shall be ascertained as in case of other insane persons in said asylum. Hozv discharged.—When any person confined in said asylum under the pro- visions of this act shall be ascertained to be restored to reason, it shall be the duty of the said superintendent to gjve notice thereof to the sheriff of the county in which the indictment or presentment against such person is pending, and said sheriff shall forthwith proceed to said asylum and take such person into his custody, and convey him to the jail of said county, or hold him in custody until admitted to bail or otherwise discharged according to law.—Kirby's Digest of the Stat., 1904, sees. 4206 and 4207. Classification of insane persons.—All persons found to be insane, for whom application for admission to the state insane asylum shall be made in compliance with the provisions of this chapter, shall be classified as acute, chronic,