Temporary Insanity

The hallucinations of the senses in the insane resemble the voluntarily induced semi-consciousness of the mesmerised. In the mesmeric trance there is the disregard of external agencies that is seen in the maniac who, regardless of suggestions from without, carries out his own wild train of thought in apparent unconsciousness of what is going on around him, or even memory of what has occurred to him, after the trance or the paroxysm has passed away—and so in sleep, dreams prove an active state of the cerebral centres, although no recollection of them may remain on awaking. Sleep has been likened to temporary death, and so dreaming may be compared to temporary insanity. The insane man walks about in a waking dream; he is a veritable somnambulist. The somnambulist, like the maniac, or the ecstatic, has but a confused recollection, or no remembrance at all of what has occurred in the attack of mental disorder, or in their perilous sleeping performances, like Fakirs in their trance-like condition, they become insensible to external influences.

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On the Early Phases of Mental Disorder, and their Treatment

Journal of Mental Science ◽

10.1192/s0368315x00002309 ◽

1881 ◽

Vol 27 (119) ◽

pp. 353-359

Author(s):

W. B. Kesteven

Keyword(s):

Mental Disorder ◽

Active State ◽

External Influences ◽

The Senses ◽

Train Of Thought ◽

Early Phases ◽

Temporary Insanity

The hallucinations of the senses in the insane resemble the voluntarily induced semi-consciousness of the mesmerised. In the mesmeric trance there is the disregard of external agencies that is seen in the maniac who, regardless of suggestions from without, carries out his own wild train of thought in apparent unconsciousness of what is going on around him, or even memory of what has occurred to him, after the trance or the paroxysm has passed away—and so in sleep, dreams prove an active state of the cerebral centres, although no recollection of them may remain on awaking. Sleep has been likened to temporary death, and so dreaming may be compared to temporary insanity. The insane man walks about in a waking dream; he is a veritable somnambulist. The somnambulist, like the maniac, or the ecstatic, has but a confused recollection, or no remembrance at all of what has occurred in the attack of mental disorder, or in their perilous sleeping performances, like Fakirs in their trance-like condition, they become insensible to external influences.

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Divorce After Temporary Insanity

BMJ ◽

10.1136/bmj.2.4524.469-a ◽

1947 ◽

Vol 2 (4524) ◽

pp. 469-469

Author(s):

O. FitzGerald

Keyword(s):

Temporary Insanity

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A Sketch of the Off ences Committed under the Provoked Temporary Insanity in Common Law Countries

Law and World ◽

10.36475/6.2.13 ◽

2020 ◽

Vol 6 (2) ◽

pp. 158-166

Keyword(s):

Common Law ◽

Legal Regulation ◽

Causal Link ◽

Theory And Practice ◽

Law System ◽

Starting Point ◽

State Of Mind ◽

Actus Reus ◽

The Common ◽

Temporary Insanity

● In common law countries, which as a rule do not have codified criminal legislation, or where it exists, offences committed under the provoked temporary insanity are not treated as a separate type of wrongdoing (delictum sui generis). Criminal theory and practice considers them as a particular example of privileged homicide related to manslaughter but not the murder. ● Actus reus of offences committed under the provoked temporary insanity (as a kind of privileged homicide) consists of following objective elements: a) conduct, result (i.e. death), causal link between them and any other facultative element; b) provocative behavior committed by the victim; c) causal link between the victim’s behavior and the perpetrators provoked conduct (double causation). ● Mens rea of the offences in question pertains to both subjective elements characteristic to manslaughter: a) recklessness and b) extreme temporary emotional excitement, which might be either explained or justified on rationale basis. The verification of rationality depends on the “reasonable man” standard and how would he behave in the same situation. ● As a starting point, for the classification of mental element traditionally is applied M’Naghten case. Although it focuses on the perpetrator’s capacity to understand wrongfulness of conduct, to be responsible for his crimes, it can be directly applied to the offences, committed under the provoked temporary insanity considered as a serious situational disorder of activity of psychic or state of mind. ● Legal regulation of an offences committed under the provoked temporary insanity is entirely differently constructed within the common law countries in comparison with other legal systems, including Georgian Penal Code. The common law approach is hard to be considered as a successful one, as it is not always efficient in terms of theoretical and practical considerations. ● The main shortcoming of common law system is related to its ambiguity, derived from abundance of value judgments, tests, fictions and criteria.

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Pleas of Temporary Insanity

Science ◽

10.1126/science.165.3893.543-d ◽

1969 ◽

Vol 165 (3893) ◽

pp. 543-544

Author(s):

Thaddeus M. Cowan

Keyword(s):

Temporary Insanity

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Indian Asylum Reports, 1899

Journal of Mental Science ◽

10.1192/bjp.47.198.605 ◽

1901 ◽

Vol 47 (198) ◽

pp. 605-620

Keyword(s):

Local Authorities ◽

Inspector General ◽

Temporary Insanity

Attention is directed by the Inspector-General to a marked increase in the admissions. The increase was largest at Dullunda, but the superintendent of that asylum cannot assign any reason for it. The excess occurred both among criminals (23) and non-criminals (15). Calcutta and 24-Parganas furnished 52 cases against 27 in 1898. Howrah sent 11, against 3 in the previous year. The superintendent of the Berhampore Asylum cannot satisfactorily explain the excess of 13 in that institution. The increase, however, was not local, but two districts of the Rajshadi Division sent 6 lunatics each, against nil in 1898. More lunatics were also received from Jessore and Nadia. At Cuttack, the superintendent attributes the increase to the admission of cases of temporary insanity sent for observation. The small increase at Dacca calls for no remarks. Criminal lunatics must, of course, be admitted into an asylum, but in regard to non-criminal lunatics Government circular No. 42, dated 3rd December, 1891, enjoins on the local authorities that greater discrimination should be exercised in sending a lunatic to an asylum. Although the increase in the number of admissions during 1899 was unusually large, it will be easy to suppose that the instructions of Government were not fully carried out. If, however, the admissions during the current year show an increase, the attention of the magistrates can be drawn to the circular quoted above.

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