 | 1811 - 600 pages
...jury, • lest on the one side tht-ie be a hind of inhumanity towards the ' defects of human nature 5 or, on the other side, too great an ' indulgence given to great crimes. ' The arguments of Mr Erskine are addressed to the proper means of applying this rule $ and they arc,... | |
 | Thomas Erskine Baron Erskine - 1812 - 278 pages
...committing of any offence for its matter capital; " for doubtless most persons, that are felons of " themselves and others, are under a degree of par"...crimes." Nothing, Gentlemen, can be more accurately hor more humanely expressed ; but the application of the rule is often most difficult. I am bound,... | |
 | Enos Bronson - 1812 - 556 pages
...very difficult to define the invisible line which divides perfect and partial insanity ; and adds, ' it must rest upon circumstances, duly to be weighed...side, too great an indulgence given to great crimes.' The arguments of Mr. Erskine are addressed to the proper means of applying this rule ; and they are,... | |
 | Thomas Erskine Baron Erskine - 1812 - 282 pages
...considered both by Judge and Jury, lest on the " one side there be a kind of inhumanity towards the ff defects of human nature ; or, on the other side, *' too great an indulgence given to great crimes." I Nothing, Gentlemen, can be more accuratelj toor more humanely expressed ; but the application of... | |
 | Thomas Erskine Baron Erskine - 1813 - 278 pages
...judge and jury, lest on the one side there be 9 " kind of inhumanity towards the defects of hu" man nature; or, on the other side, too great an '' indulgence...application of the rule is often most difficult. I am bound, Jtsides, to admit that there is a wide distinction between civil and criminal cases. If, in the former... | |
 | Anthony Highmore - 1822 - 224 pages
...both by the judge and the jury, lest on the one side there be a kind of inhumanity towards the defect of human nature, or on the other side too great an indulgence given to great crimes : and the best measure he can think of is this ; such a person, as labouring under melancholy distempers,... | |
 | John Ayrton Paris, John Samuel Martin Fonblanque - 1823 - 556 pages
...by the judge and jury, lest, to use the expressions of Sir Matthew Hale, " there be on the one side a kind of inhumanity towards the defects of human...side too great an indulgence given to great crimes." Before we proceed to consider the several questions which may arise for the consideration of the medical... | |
 | William Oldnall Russell - 1824 - 594 pages
...tial insanity ; but it must rest upon *circumstances duly to be weighed and considered both by the judge and jury, lest on the one side there be a kind...side, too great an indulgence given to great crimes." And he concludes by saying, " the best measure I can think of is this : such a person as labouring... | |
 | William Oldnall Russell - 1826 - 788 pages
...partial insanity; but it must rest upon circumstances duly " to be weighed and considered both by the judge and jury, lest on " the one side there be a...too great an indulgence " given to great crimes." And he concludes by saying, "the best " measure 1 can think of is this : such a person as, labouring... | |
 | John Frederick Archbold - 1831 - 624 pages
...insanity; but it must rest upon circumstances duly to be weighed and considered both by the judge and the jury, lest, on the one side there be a kind of inhumanity...side, too great an indulgence given to great crimes. He concludes, by suggesting as the best measure, that such a person as, labouring under melancholy... | |
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It is very difficult to define the invisible line that divides perfect and partial insanity ; but it must rest upon circumstances, duly to be weighed and considered both by... 
