Lemuel Shaw, Chief Justice of the Supreme Judicial Court of Massachusetts, 1830-1860

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In order to be responsible he must have sufficient power of memory to recollect the relation in which he stands to others, and in which others stand to. him; that the act he is doing is contrary to the plain dictates of justice and right, injurious to others, and a violation of the dictates of duty. On the contrary, although he may be laboring under partial insanity, if he still understands the natm-e and character of his act, and its consequences; if he has a knowledge that it is wrong and cri...minal, and a mental power sufficient to apply that knowledge to his own case, and to know that, if he does the act, he will do wrong and receive pimishment; such partial insanity is not sufficient to exempt him from responsibility for criminal acts. If then, it is proved to the satisfaction of the jury that the mind of the accused was in a diseased and unsound state, the question will be, whether the disease existed to so high a degree that for the time being it overwhelmed the reason, conscience, and judgment, and whether the prisoner in committing the homicide, acted from an 232 LEMUEL SHAW irresistible and uncontrollable impulse.

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