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The Insanity Defense before 1800

Bibliographic Data

ID9767307
AuthorsNigel Walker (corresponding author)
Year1985
Volume477
Issue1
Pages25-30
Publication date1985-01-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueThe Annals of the American Academy of Political and Social Science (JOURNAL)
Journal identifiersISSN: 0002-7162 • E-ISSN: 1552-3349
PublisherSAGE Publications (PUBLISHER • US)
DOI10.1177/0002716285477001003
PMID11616555
OpenAlexW2146090735
LanguageEN
Citations received6
References cited4

The earliest context in which madness is treated as an excuse for crime is Justinian's Digest. The Christian church brought this feature of Roman law to pre-Norman England. Madmen were probably not regarded as triable by ordeal, but were simply left to be guarded by their kinsfolk. When trial by ordeal was abandoned, and juries had to determine guilt, juries were at first expected to find madmen guilty but refer their cases to the king for pardon. It was not until about 1500 that juries seem to have begun to acquit on grounds of insanity. The reasoning varied: madmen were “punished enough by their madness”; they “lacked the will to harm”; they could not “tell good from evil.” How strictly the tests of insanity were applied depended on the crime. The rejections of the defense that figured in the State Trials series were not typical, but gave historians the impression that the defense hardly ever succeeded before Hadfield's trial in 1800. In fact, as the Old Bailey Sessions Papers show, it often succeeded in the eighteenth century. Nor was this the result of empire building by the medical professions. Laymen's evidence was often accepted without any testimony by mad-doctors

Archaeology · Context (archaeology · Criminology · Diminished responsibility · Empire · Excuse · Harm · Insanity · Insanity defense · Political science · Punishment (psychology · Trial by ordeal · Historical and Scientific Studies · Historical Psychiatry and Medical Practices · History · Law · Philosophy · Psychology · Social Psychology

  • Les enfermements d’un vagabond criminel. Vacher, tueur de bergers

    Open Access•Marc Renneville•Criminocorpus revue hypermédia•2023

  • Searching for the Self in Eighteenth-Century English Criminal Trials,1730-1800

    Dana Rabin, Dana Y Rabin•Eighteenth-Century Life•2003

  • The Origin of Insanity as a Special Verdict

    Open Access•Ryan Moran, Richard Moran•Law & Society Review•1985

  • The History of Madness and Mental Illness in the Middle Ages

    Open Access•Leigh Ann Craig•History Compass•2014

  • Drunkenness and Responsibility for Crime in the Eighteenth Century

    Open Access•Dana Rabin•Journal of British Studies•2005

  • The Modern Foundation for the Insanity Defense

    Open Access•Ryan Moran, Richard Moran•The Annals of the American…•1985

  • On the laws and customs of England

    Henry de Bracton•On the laws and customs of England•1997

  • Ancient Laws and Institutes of England

    Open Access•Benjamin Thorpe•Ancient Laws and Institutes of…•2012

  • Criminal Responsibility of the Mentally Ill

    Bernard L Diamond•Stanford Law Review•1961

Unique citing works6
Citations per year0,15
Citation span1985 - 2023 (39)
Citation velocityhistorical
Highly citedNo
Citation typesNeutral: 6

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