Abstract

http://ssrn.com/abstract=1955656
 
 

Footnotes (86)



 


 



‘In a Kind of Mad Way’: A Historical Perspective on Evidence and Proof of Mental Incapacity


Arlie Loughnan


University of Sydney - Faculty of Law

November 6, 2011

Melbourne Univiersity Law Review, Forthcoming
Sydney Law School Research Paper No. 11/90

Abstract:     
This article examines the evidential and procedural aspects of claims based on mental incapacity in English courtrooms in the ‘long’ eighteenth century. It employs a three-dimensional frame the author has termed ‘manifest madness’ to analyse how such claims were articulated and elaborated at trial in this period. This analysis reveals first, the substantive significance of the accused’s conduct, second, the part played by ordinary people and, third, the role of collective knowledge of madness in evidence and proof of mental incapacity for criminal law purposes. By reference the law on what would now be called unfitness to plead, automatism and intoxication, this article demonstrates the utility of the ‘manifest madness’ frame for understanding the evidential and procedural practices attendant to mental incapacity claims in this period. The article considers the insights this historical analysis provides into current criminal process as it relates to proof of mental incapacity.

Number of Pages in PDF File: 19

Keywords: criminal law, legal history, mental incapacity, evidence and proof

JEL Classification: K10, K14, K30

Accepted Paper Series


Download This Paper

Date posted: November 7, 2011  

Suggested Citation

Loughnan, Arlie, ‘In a Kind of Mad Way’: A Historical Perspective on Evidence and Proof of Mental Incapacity (November 6, 2011). Melbourne Univiersity Law Review, Forthcoming; Sydney Law School Research Paper No. 11/90. Available at SSRN: http://ssrn.com/abstract=1955656

Contact Information

Arlie Loughnan (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
+61 2 9351 0246 (Phone)
+61 2 9351 0200 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 330
Downloads: 55
Download Rank: 223,216
Footnotes:  86
Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.344 seconds