INSANITY

6 definitions found across Law Mind sources

See encyclopedia: Defenses -- Overview and Classification (Justification vs. Excuse) →
INSANITYAuthored
The Law Mind • 1837 words
Definition
Insanity is a legal term for a condition of mental disease or defect severe enough to relieve a person of ordinary legal responsibility or capacity. It is not a medical diagnosis but a legal status, and its meaning shifts depending on the legal context in which it is applied. 1. In criminal law: Insanity is any defect, weakness, or disease of the mind that renders a person incapable of forming the criminal intent required to commit a crime, or incapable of distinguishing right from wrong with respect to the act in question. A successful insanity defense bars criminal conviction, though it often results in civil commitment. 2. In civil law: Insanity is such mental defect or weakness as prevents a person from understanding the nature and consequences of their actions or from acting rationally in the ordinary affairs of life. It may render contracts void or voidable, invalidate a will, or establish grounds for guardianship. 3. In medical jurisprudence: The historical medico-legal definition — inherited from nineteenth-century alienists — described insanity as the prolonged departure, without adequate cause, from the states of feeling and modes of thinking usual to the individual in health. This framing emphasized deviation from the individual's normal baseline rather than a fixed clinical threshold. Across all three contexts, insanity involves a disease or defect of the mind, not mere eccentricity, weakness of character, or emotional disturbance. The term is now largely replaced in clinical settings by specific diagnostic categories but remains operative in legal doctrine.
Common Language
Modern common usage (Wiktionary): The state of being insane; madness. Historical common usage (Webster's 1913): Unsoundness or derangement of mind; madness; lunacy; a mental condition that, by reason of delusions or incapacity to distinguish right from wrong, does away with individual responsibility. The common definitions treat insanity as a general synonym for madness. The legal definitions are considerably more precise: insanity is not a description of mental state but a threshold determination tied to specific legal consequences — exoneration from criminal liability, voidance of legal acts, or grounds for guardianship. Webster's 1913 is unusually close to legal usage because it was written in an era when the medico-legal definition dominated both popular and professional discourse, but it still omits the context-dependence of the legal standard.
Common Confusion
INSANITY, LUNACY, AND IMBECILITY Historical legal sources use insanity, lunacy, and imbecility as related but distinct categories. Burrill and Bouvier treat lunacy as a species of insanity — properly a total or periodic deprivation of reason, historically associated with lunar cycles. Imbecility, by contrast, denoted a more gradual and permanent decay of intellectual faculties rather than acute derangement. Black's Second Edition draws the distinction explicitly: lunacy involves total suspension of ordinary mental powers, while imbecility involves advanced decay and feebleness. Modern law has largely abandoned all three as formal categories, but historical sources use them with intended precision. A researcher encountering these terms in nineteenth-century cases or instruments should not treat them as interchangeable.
Core Elements
The legal threshold for insanity varies by test and context, but the foundational elements across formulations are: 1. Existence of a mental disease or defect — not mere moral failing, emotional disturbance, or voluntary intoxication. 2. Causal connection — the disease or defect must produce the legally relevant incapacity, not merely coexist with it. 3. Cognitive or volitional incapacity — depending on the jurisdiction and era: inability to know the nature of one's act, inability to distinguish right from wrong (M'Naghten), inability to conform conduct to law even with knowledge of wrongfulness (irresistible impulse), or substantial incapacity under either prong (Model Penal Code formulation). In civil contexts, the operative element is whether the disease or defect prevented the person from understanding the nature and consequences of the legal act at issue — a contract, a will, a deed — at the time it was executed.
Recognized Forms
/SUBTYPES LEGAL INSANITY (CRIMINAL): The standard applied to excuse criminal liability. Varies by jurisdiction. The principal historical and modern tests include the M'Naghten Rule (right-wrong test), the Irresistible Impulse Test, the Durham Rule (product test), and the Model Penal Code test. TESTAMENTARY INSANITY: Mental incapacity as it bears specifically on the validity of a will. Courts have long held that a testator may be legally insane in the general sense yet possess sufficient testamentary capacity, and vice versa. The standard is narrow and act-specific. PARTIAL INSANITY / MONOMANIA: Historical category describing a person who is rational in most respects but subject to a fixed delusion in one particular area. Courts and historical dictionaries debated at length whether monomania could support a criminal defense or affect testamentary capacity. Rapalje & Lawrence flags this as a persistent evidentiary problem. CIVIL INSANITY: Insanity as a ground for voiding contracts, setting aside deeds, or establishing guardianship. The standard asks whether the person understood the nature and effect of the transaction at the time it occurred.
Why It Matters in Research
Insanity is one of the most contextually unstable terms in the Law Mind corpus. Researchers should be alert to several navigational problems. First, the standard changes across time and jurisdiction. Pre-M'Naghten sources apply a wide variety of tests — many centered on delusion, some on total deprivation of reason. M'Naghten (1843) crystallized the right-wrong test in English and American law, but courts layered irresistible impulse doctrine on top of it throughout the latter half of the nineteenth century. The Model Penal Code test emerged in the 1960s and displaced M'Naghten in roughly half of American jurisdictions. After the Hinckley verdict (1982), Congress and many states tightened or restructured their standards. A case discussing "the insanity defense" in 1870, 1920, and 1990 may be applying fundamentally different legal tests. Second, the medical and legal vocabularies were entangled throughout the nineteenth century. The historical dictionaries — particularly Anderson and Bouvier — draw on medico-legal authority (Isaac Ray's Treatise on the Medical Jurisprudence of Insanity is the major reference point, though not cited in all entries). Definitions in this era reflect alienist classifications that are clinically obsolete. Terms like moral insanity, homicidal mania, and dipsomania appear in historical cases and must be mapped carefully onto modern diagnostic equivalents before drawing conclusions. Third, insanity in civil contexts is largely decoupled from the criminal standard, but historical sources do not always make this clear. A finding of insanity in a guardianship proceeding did not automatically void a contract executed by the same person, and courts applying testamentary capacity doctrine often reached results that would seem inconsistent with a criminal insanity finding involving the same individual. Researchers working across civil and criminal materials should not assume the standards are unified. Fourth, several jurisdictions have formally abolished the insanity defense as a complete defense to criminal liability. The Guilty But Mentally Ill (GBMI) verdict — available in some states — is not equivalent to a verdict of not guilty by reason of insanity. It results in conviction, not acquittal, with a directive for treatment within the sentence. See the encyclopedia entry on GBMI. Fifth, the feigning problem noted by Rapalje & Lawrence — citing the seventeenth-century physician Zacchias — runs throughout historical insanity jurisprudence. Courts and commentators in the nineteenth and early twentieth centuries were acutely concerned with simulation of insanity, and this concern shaped evidentiary rules, expert witness doctrine, and the structure of insanity tests themselves. Researchers encountering historical discussions of proof standards for insanity should read them against this background.
Historical Dictionary Support
The historical shelf sources are in substantial agreement on the general definition but diverge in emphasis and precision. Burrill provides the most compressed formulation: unsoundness of mind; derangement of intellect; madness. He notes that delusion is the true test of insanity (citing Sir John Nicholl) and that lunacy is a species of insanity, though the terms are frequently used as synonyms. This is accurate as a statement of early nineteenth-century doctrine. Bouvier offers the most structured treatment, separating the medico-legal definition (prolonged departure from states of feeling and modes of thinking usual to the individual in health) from the criminal law definition (any defect, weakness, or disease of the mind rendering it incapable of entertaining criminal intent) and the civil law definition (such defect or weakness as prevents rational action in the ordinary affairs of life). This tripartite structure is the most useful organizational framework in the historical sources and anticipates modern doctrine's recognition that insanity is a context-specific standard. Black's First Edition leads with the neurological framing — disease of the brain characterized by derangement of mental faculties, perversion or destruction of mental freedom — and cites medical authority. Black's Second Edition adds the lunacy-imbecility distinction and incorporates case authority (In re Vanauken) to anchor the distinction. Anderson is the most medically detailed, parsing insanity into intellectual, emotional, and volitional dimensions and distinguishing congenital from acquired conditions. This reflects the influence of nineteenth-century faculty psychology on legal doctrine and helps explain why historical insanity tests were sometimes structured around specific mental faculties rather than global cognitive function. Rapalje & Lawrence does not provide a formal definition so much as a practical warning: insanity is the most easily feigned and most difficult to detect of all conditions in medical jurisprudence. This evidentiary orientation — rather than doctrinal definition — reflects the adversarial context in which the term most frequently appeared in practice. None of the historical sources anticipates the legislative retrenchment of the insanity defense after the 1980s, the emergence of GBMI as a distinct verdict, or the formal abolition of the defense in several American jurisdictions. For these developments, the encyclopedia entries are the appropriate starting point.
Jurisdictional Note
The insanity defense has been abolished as a complete defense in a small number of American states, which permit only evidence of mental disease to negate specific intent (the mens rea approach). Federal law was substantially tightened by the Insanity Defense Reform Act of 1984. The remaining jurisdictions apply varying tests — M'Naghten alone, M'Naghten plus irresistible impulse, or the Model Penal Code substantial capacity test. England, which generated the foundational M'Naghten Rules, has since modified its doctrine through the Homicide Act 1957 and subsequent legislation. Researchers should never assume a uniform standard without confirming the applicable jurisdiction and era.
Encyclopedia Cross-Reference
Insanity Defense — M'Naghten Rule (The Law Mind Criminal Law Encyclopedia) Insanity Defense — Irresistible Impulse Test (The Law Mind Criminal Law Encyclopedia) Insanity Defense — Guilty But Mentally Ill (GBMI) (The Law Mind Criminal Law Encyclopedia)
Related Terms
capacitycompetencydelusiondiminished capacityguilty but mentally illincompetencyirresistible impulselunacyM'Naghten Rulemens reamental disease or defectmonomanianot guilty by reason of insanitysoundness of mindtestamentary capacityunsoundness of mindvoluntary intoxication
INSANITYmain
Black's Law Dictionary • 1891
A manifestation of disease of the brain, characterized by a general or partial derangement of one or more faculties of the mind, and in which, while conscious- ness is not abolished, mental freedom is per- verted, weakened, or destroyed. vous System, 332. Ham. Ner- The prolonged departure, without any adequate cause, from the states of feeling and modes of thinking usual to the individual in health. Bou- vier. This is not, strictly speaking, a legal term, but it is commonly used to denote that state of mind which prevents a person from knowing right from wrong, and, therefore, from being responsible for acts which in a sane person would be criminal. Pope, Lun. 6, 19, 356. By insanity is not meant a total deprivation of reason, but only an inability, from defect of per- ception, memory, and judgment, to do the act in question. So, by a lucid interval is not meant a perfect restoration to reason, but a restoration so far as to be able, beyond doubt, to comprehend and to do the act with such reason, memory, and judg- ment as to make it a legal act. 2 Del. Ch. 263. Insanus est qui, abjecta ratione, omnia cum impetu et furore facit. He is insane who, reason being thrown away, does every thing with violence and rage. 4 Coke, 128.
INSANITYmain
Black's Law Dictionary (2nd Ed.) • 1910
_INROLL. A form of “enroll,” used in the old books. 3 Rep. Ch. 63.73; 3 Bast, 410. Y. Supp. 920. On the other hand, lunacy is a total deprivation or suspension of the ordinary powers of the mind, and is to be distinguished from imbecility, where there is a more or less advanced decay and feebleness of the Intellectual facultles. In re Vanauken, 10 N. J. Eq. 186, 195; Odell v. Buck, 21 Wend. (N. Y.) 142. As to all other forms of insanity, lunacy was originally distinguished by the occurrence of lucid intervals, and hence might be described as a periodical or recurrent insanity. In re Anderson, 132 N. C. 243, 43 S. E. 649; Hiett v. Shull, 36 W. Va. 563, 15 S. E. 146. But while these distinctions are still observed in sume Jjurisdictions, they are more generally disregarded ; so that, at present, in inquisitions of lunacy and other such proceedings, the term “lunacy” has almost everywhere come to be synonymous with “insanity,” and is used as a general description of all forms of derangement or mental unsoundness, this rule being established by statute in many states and by judicial decisions in others. In re Clark, 175 N. Y. 139, 67 N. FE. 212; Smith v. Hickenbottom, 57 Iowa, 733, 11 N. W. 664; Cason v. Owens, 100 Ga. 142, 28 S. E. 75; In re Hill, 31 N. J. Ey. 203. Cases of arrested mental development would come within the definition = of lunacy, that is, where the patient was born with a normal brain. but the cessation of mental growth occurred in infancy or so near it that he never acquired any greater intelligence or discretion than belongs to a normally healthy child. Such a_ subject might be scientifically denominated an “idiot,” but not legally, for in law the latter term is applicable only to congenital amentia. The term “lucid interval’ means not an apparent tranquility or seeming repose, or cessation of the violent symptoms of the disorder, or a simple diminution or remission -of the disease, but a teinporary cure—an intermission so clearly marked that it perfectly resembles a return of health; and it must be such a restoration of the faculties as enables the patient beyond doubt to comprehend the nature of his acts and transact his affairs as usual; and it must be continued for a length of time sufficient to give certainty to the temporary restoration of reason. Godden v. Burke, 35 La. Ann. 160, 173; Ricketts v. Joliff, 62 Miss. 440; Ekin v. MeCracken, 11 Phila. (Pa.) 534; Frazer v. Frazer, 2 Del. Ch. 260. Idiocy is congenital amentia, that is, a want of reason and intelligence existing from birth and due to structural defect or malformation of the brain. It is a congenital obliteration of the chief mental powers, and is defined in law as that condition in which the patient has never had, from his birth, even the lenst glimmering of reason; for a man is not legally an “idiot” if he can tell his parents, his age, or other like common matters, This is not the condition of a deranged mind, but that of a total absence of mind, so that, while idiocy is generally classed uncer the general designation of “‘insanity,” it is rather to be regarded as a nat: ural defect than as a disease or as the re sult of a disease. It differs from “lunacy,” because there are no lucid intervals or periods of ordinary intelligence. See In re Beaumont, 1 Whart. (Pa.) 53, 20 Am. Dec. 33; Clark y. Robinson, 88 Ill. 502; Crosswell v. People, 18 Mich. 427, 87 Am. Dec. 774; Hiett v. Shull, 36 W. Va. 563, 15 S. B. 146; Thompson v. Thompson, 21 Barb. (N. Y.) 128; In re Owings, 1 Bland (Md.) 386, 17 Am. Dec. 311; Francke v. His Wife, 29.La. Ann. 304; Hall v. Unger, 11 Fed. Cas. 261; Bicknell v. Spear, 38 Misc. Rep. 389, 77 N. Y. Supp. 920. Imbecility. A more or less advanced decay and feebleness of the intellectual faculties; that weakness of mind which, without Gepriving the person entirely of the use of his reason, leaves only the faculty of conceiving the most common and ordinary ideas and such as relate almost always to physical wants and habits. It varies in shades and degrees from merely excessive folly and eccentricity to an almost total vacuity of mind or amentia, and the test of legal capacity, in this condition, is the stage to which the weakness of mind has advanced, aS measured by the degree of reason, judgment, and memory remaining. It may proceed from paresis or general paralysis, from senile decay, or from the advanced stages of any of the ordinary forms of insanity; and the term is rather descriptive of the consequences of insanity than of any particular type of the disease. See Calderon v. Martin, 50 La. Ann. 1153, 23 South. 909; Delafield v. Parish, 1 Redf. (N. Y.) 115; Campbell v. Campbell, 130 Ill. 466, 22 N. E. 620, 6 L. R. A. 167; Messenger v. Bliss, 35 Ohio St. 392. Non compos mentis. Lat. Not of sound mind. <A generic term applicable to all insane persons, of whatsoever specific type the insanity may be and from whatever cause arising, provided there be an entire loss of reason, as distinguished from mere weakness of mind. Somers v. Pumphrey, 24 Ind. 244; In re Beaumont, 1 Whart. (Pa.) 53; Burnham v. Mitchell, 34 Wis. 186; Dennett v. Dennett, 44 N. H. 537, 84 Am. Dec. 97; Potts v. House, 6 Ga. 350, 50, Am. Dec. 329: Jackson v. King, 4 Cow. (N. Y.) 207, 15. Am. Dec. 354; Stanton v. Wetherwax, 16 Barb. (N. Y.)- 262. Derangement. This term includes all forms of mewtal unsoundness, except of the natural born idiot. Hiett v. Shull, 36 W. Va. - 663, 15 S. E. 147. Delusion is sometimes loosely used as synonymous with insanity. But this is incorrect. Dehision is not the substance but the evidence of insanity. The presence of an insane delusion is a recognized test of insanity in all cases except amentia and Imbectlity, and where there is no frenzy or raving nadae a. a ness: and in this sense an insane delusion is a fixed belief in the mind of the patient of the existence of a fact which has no objective existence but is purely the figment of his imagination, and which is so extravagant that no sane person would believe it under the circumstances of the case, the belief, nevertheless, being so unchangeable that the patient is incapable of being permanently disabused by argument or proof. The characteristic which distinguishes an “insane’’ delusion from other mistaken beliefs is that it is not a product of the reason but of the imagination, that is, not a mistake of fact induced by deception, fraud, insufficient evidence, or erroneous reasoning, but the spontaneous conception of a perverted imagination, having no basis whatever in reason or evidence. Riggs v. Missionary Soc., 35 Hun (N. Y.) 658; Buchanan v. Pierie, 205 Pa. 123, 54 Atl. 583, 97 Am. St. Rep. 725; Gass v. Gass, 3 Humph. (Tenn.) 283; Dew v. Clarke, 3 Add. 79; In re Bennett’s Estate, 201 Pa. 485, 51 Atl. 336; In re Scott’s Estate, 128 Cal. 57, 60 Pac. 527; Smith v. Smith, 48 N. J. Eq. 566, 25 Atl. 11; Guiteau’s Case (D. C.) 10 Fed. 170; State v. Lewis, 20 Nev. 333, 22 Pac. 241; In re White, 121 N. Y. 406, 24 N. larly called “St. Vitus’ dance.”—Puerperal insanity is mental derangement occurring in women at the time of child-birth or immediately after ; it is also called “eclampsia parturientium.”—Folie brightique. A French term sometimes used to designate an access of insanity resulting from nephritis or Say hes disease.” See In re McKean’s Will, 31 Misc. Rep. 703, 66 N. Y. Supp. 44.—Delirlum tremens. A disease of the nervous system, induced by the excessive and protracted use of intoxicating liquors, and affecting the brain so as to produce incoherence and lack of continuity in the intellectual processes, a suspension or perversion of the power of volition, and delusions, particularly of a aida br nature, but not generally prompting to violence except in the effort to escape from imaginary dangers. It is recognized in law as a form of insanity, and may be of such a nature or intensity as to render the patient legally incapable of .committing a crime. United States v. McGlue, 1 Curt. 1, 26 Fed. Cas. . 1093; Insurance Co. v. Deming, 123 Ind. 384 24 .N. E. 86; Maconnehey v. State, 5 Ohio St. 77; Erwin v. State, 10 Tex. App. 700; Carter v. State, 12 Tex. 500, 62 Am. Dec. 5339. In some states the insanity of alcoholic intoxication is classed as ‘temporary,’ where induced by the voluntary recent use of ardent spirits and carried to such. a degree that the person becomes incapable of judging the consequences or the moral aspect of his acts, and “settled,” where the condition is that of delirium tremens. Settled insanity, in this sense, excuses from civil or criminal responsibility; temporary insanity docs not. The ground of the distinction is that the former is a remote effect of imbibin alcoholic liquors and is not voluntarily incurred, while the latter is a direct result cola ay ss ag for. E\vers v. State, 31 Tex. Cr. R. 318, 20 S. W. 744, 18 L. R. A. 421, 37 Am. St. Rep. 811; Maconnehey v. State, 5 Ohio St. 77. hilitic insanity is paresis or progressive imbecility resulting from the infection of syphilis. It is sometimes called (as being a sequence or result of that disease) “‘metasyphilis”’ or “parasyphilis."—Tabetic dementia, A form of mental] derangement or insanity complicated with ‘“‘tabes dorsalis” or locomotor ataria, which generally precedes, or sometimes follows, the mental attack. As to insanity resulting from cerebral embolism, see EMBOLISM $ from epilepsy, see Eritepsy. As to chronic alcoholism as a form of insanity, see ALCOHOL- it denotes a clouding or weakening of the mind, not inconsistent with some measure of memory, reason, and judgment. But the term. in this sense, does not convey any very definite meaning, since it may range from mere feeble-mindedness to almost the last stages of imbecility. State v. Jones, 50 N. H. 383, 9 Am. Rep. 242; Appeal of Dunham, 27 Conn. 205.—Recurrent imsanity. Insanity which returns from time to time, hence equivalent to “lunacy” (see supra) in its common-law sense, as a mental disorder broken by lucid intervals. There is no presumption that fitful and exceptional attacks of insanity are continuous. Leache v. State, 22 Tex. App. 279, 3 S. W. 538, 58 Am. Rep. 638.— Moral insanity. <A morbid perversion of the feelings, affections, or propensities, but without any illusions or derangement of the intellectual faculties; irresistible impulse or an incapacity to resist the prompting of the passions, though accompanied by the power of discerning the -moral or immoral character of the act. Moral insanity is not admitted as a bar to civil or criminal responsibility. for the patient’s acts, unless there is also shown to be intellectual disturbance, as manifested by insane delusions or the other recognized criteria of legal insanity. Leache v. State, 22 Tex. App. 279, 3 8. W. 589, 58 Am. Rep. 638; In re Forman’s Will, 54 Barb. (N. Y.) 291; State v. Leehman, 2 8. D. 171, 49 N. W. 3. The term “emotional insanity’ or mania transitoria applies to the case of one in the possession of his ordinary pees 3 faculties who allows his passions to convert him into a temporary maniac. Mutual L. Ins. Co. v. Terry, 15 Wall. 580, Ed. 236.—Psychoneurosis. Mental disease without recognizable anatomical lesion, and without evidence and history of preceding chronic mental degeneration. Under this head come melancholia, mania, primary acute dementia, and menia hallucinatoria. Cent. Dict. “Neuro sis,” in its broadest sense, may include any disease or disorder of the mind, and hence all the forms of insanity proper. But the term “psychoneurosis” is now employed by Freud and ot er Kuropean specinlists to describe that class of exaggerated individual peculiarities or idiosyncrasies of thought towards special objects. or topics which are absent from the perfectly normal mind, and which yet have so httle influence upon the patient’s conduct or his general modes of thought that they cannot properly be described as “insanity” or as any form of “mania,” especially because ordinarily unaccompanied by any kind of delusions. At most, they lie on the debatable border-land between sanity and insanity. These idiosyncrasies or obsessions may arise from superstition, from a real incident in the patient’s past history upon which he has brooded until it has assumed an unreal importance or significance, or from general neurasthenic conditions. Such, for example, are a terrified shrinking from certain kinds of animals, unreasonable dread of being shut up in some enclosed place or of being alone in a crowd, excessive fear of being poisoned, groundless conviction of irredeemable sinfulness, and countless other prepossessions, which may range from mere weak-minded superstition to actual monomania.—Katatonia. <A form of insanity distinguished by periods of acute mania and melancholia and especially by cataleptic states or conditions; the “insanity of rigidity.’’ (Kahlbaum.) A type of insanity characterized particularly by “stereotypism,” an instinctive inclination to purposeless repetition of the same expressions of the will, and ‘“‘negativism,” a senseless resistance against every outward influence. (Kraepelin.)}—Folie ciroulaire. The French name for circular insanity or maniacaldepressive insanity.—General paralysis. Dementia paralytica or paresis. Amentia, dementia, and mania. The classification of insanity into these three types or forms, though once common, has of late given 583, 21 L-. way to a more scientific nomenclature, based chiefly on the origin or cause of the disease in the particular patient and its clinical history. These terms, however, are still occasionally encountered in medical jurisprudence, and the names of some of their subdivisions are in constant use. Amentia. A total lack of intelligence, reason, or mental capacity. Sometimes so used as to cover imbecility or dotage, or even as ap: plicable to all forms of insanity; but properly restricted tq a lack of mental aerags 4 due to original defective organization of the brain Wcsey) or arrested cerebral development, as istinguished from the degeneration of intellectual facuities which once were normal. Demontia...A form of Sretaee resulting from degeneration or disorder of the brain (ideopathic or traumatic, but not congenital) and characterized by general menta]) weakness and decrepitude, forgetfulness, loss of coherence, and total inability to reason. but not accompanied by delusions or uncontrollable ganpulecs: Pyott Il]. App. 221; Hall v. Unger, 2 . 10, Fed: Cas. No. 5,949; Dennett v. Dennett, 44 N. H. 531, 84 Am. Dec. 97; People v. Lake, 2 Parker, Cr. R. (N. Y.) 218. By some writers dementia is classed as a terinal stage of various forms of insanity, and ence may follow mania. for example, as its final condition. Among the sub-divisions of dementia should be noticed the following: Acute primary dementia is a form of temporary dementia, though often extreme in its intensity, and occurring in young people or adolescents, accompanied by general physical debility or exhaustion and induced by conditions likely to roduce that state, as malnutrition, overwork, issipation, or too rapid growth. Dementia parralytica is a progressive form of insanity, bes pons with slight degeneration of the physical, ntellectual, and moral power: and leading to complete loss of mentality, or imbeclility, with genera’ paralysis. Also called paresis, paretic ementia, or cirrhosis of the brain, or (popularly) “softening of the brain.” Dementia precoa. A term applicable either to the early stages of dementia or to the dementia of adolescence. but more commonly applied to the latter. It is often (but not invariably) attributable to onanism or self-abuse, and is characterized by mental and moral stupidity, absence of any strong feeling of the impressions of life or interest in its events, blunting or obscuration of the moral sense, weakness of judgment, flichtiness of thought, senseless Jaughter without mirth. automatic obedience. and apathetic despondency. (Kraepelin.) Senile dementia. Dementia occur ring in persons of advanced age, and characterized by slowness and weakness of the mental processes and general physical degeneration, verging on or passing into imbecility, indicating the breaking down of the mental powers fn advance of bodily decay. HBiett v. Shull, 36 W. Va. 163. 15 S. E. 146: Pyott v. Pyott, 191 Til. 280, 61 N. E. 88; McDaniel v. McCoy, 68 Mich. 332. 36 N. W. 84; Hamon v. Hamon, 180 Mo. 685, 79 S. W. 422. Tonic dementia. Weakness of mind or feeble cerebral activity, apvronching imbecility. resulting from continued administration or use of slow poisons or of the mere active poisons in repeated sm1ll doses, as in cises of lead poisoning and in some cases of addiction to such drugs as opium or alcohol. Mania. That form of insanity in which the patient is subject to hallucinations ard illusion accompanied by a high state of general menta excitement, sometimes amovnting to fury. See ‘Hall v. Unger, 2 Abb. U. S. 510, 11 Fed. Cas. 261; People v. Lake, 2 Parker Cr. R. (N. Y.) 218: Smith v. Smith, 47 Miss. 211: In re Gannon’s Will, 2 Misc. Rep. 329, 21 -N. Y. Supp. 960. In the case first above cited. the following description is given by Justice Fieid: “Mania is that form of insanity where the men- tal derangement is accompanied with more or less of excitement. Sometimes the excitement amounts to a fury. The individual in such casevs is subject to hallucinations and illusions. He is impressed with the reality of events which have never occurred, and of things which do not exist, and acts more or less in conformity with his belief in these particulars, The mania may be general, and affect all or most of the operations of the mind; or it may be partial, and be confined to particular subjects. In the latter case it is generally termed ‘monomania.’” In a more popular but less scientific sense, “mania” denotes a morbid or unnatural or excessive craving, issuing in impulses of such fixity and intensity that they cannot be resisted by the patient in the enfeebled state of the will and blurred moral concepts which accompan the disease. It is used in this sense in su compounds as “homicidal mania,” “dipsomania,” and the like.—Hypomania. A mild or slightly developed form or type of mania.—Mono<« ma - A perversion or derangément of the reason or understanding with reference to a single bit beak or small class of subjects, with considerable mental excitement and delusions, while, as to all matters outs'de the range of the peculiar infirmity, the intellectual faculties remain unimpaired and function i ea Hopps v. People, 31 Ill. 380, 83 Am. Dec, 231; In re Black’s Estate, Myr. Prob. (Cal.) 27; Owing’s Case, 1 Bland (Md.) 388, 17 Am. Dec. 311; Merritt v. State, 39 Tex. Cr. R. 70, 45 S. W. 21; In re Gannon’s Will, 2 Misc. Rep. 329, 21 N. Y. Supp. 960.—Paranoia. Monomania in general, or the obsession of a delusion or system of delusions which dominate without destroying the mental capacity. leaving the patient gane as to all matters outside their particular range, though subject to perverted ideas, false beliefs, and uncontrollable impulses within that range; and particularly, the form of monomania where the delusion is as to wrongs, injuries, or persecution inflicted upon the patient and his consequently justifiable resentraent or revenge. Winters v. State, 61 N. J. Law, 613, 41 Atl. 220; People v. Braun, 158 N. Y. 558, 53 N. E. 529; Flanagan v. State, 108 Ga. 619, 30 S. E. 650. Paranoia is called by Kraepelin “progressive systematized insanity,’’ because the delusions of being wronged or of persecution and of excessive self-esteem develop quite slowly, without independent disturbances of emotional] life or of the will becoming prominent, and because there occurs regularly a mental working up of the delusion to form a delusionary view of the world,—in fact, a system,—'eading to a derangement of the stand-point which the patient takes up towards the events of life.—Homiciaal mania. A form of mania in which the morbid state of the mind manifests itself in an irresistable inclination or impulse to commit homicide, prompted usually by an insane delusion either as to the necessity of self-defense or the avenging of injuries, or as to the patient being the appointed instrument of a superhuman justice. Com. v. Sayre, 5 Wkly. Notes Cas. (Pa.) 425; Com. v. Mosler, 4 Pa. 266.—Methomania. An irresistible craving for alcoholic or other intoxicating liquors, manifested by the periodical recurrence of drunken debauches. State v. Savage, 89 Ala. 1, 7 South. 183, 7 L. R. A. 426.—Dipso-« mania, Practically the same thing as methomania, except that the irresistible impulse to intoxication is extended by some writers to include the use of such drugs as opium or cocaine as well as alcohol. See State v. ra a, 9 Houst. (Del. 470, 14 Atl. 550; allard v. State, 19 Neb. 609, 28 N. W. 271.—Mania a potu. Delirium tremens, or a species of temporary insanity resulting as a secondary effect produced by the excessive and protracted indulence in intoxicating liquors. See State v. Hurey, Houst. Cr. Cas. (Del.) 28, 33.—Toxicomania. An excessive addiction to the use of toxic or poisonous drugs or other substances; a form of mania or affective insanity ebaractertis_by an irresistible impulse to indulgence in oplum, cocaine, chloral, alcohol, etc.—Mania fanatica. A form of insanity characterized by a morbid state of religious feeling. Ekin v. McCracken, 11 Phila. (Pa.) 540.—Sebastomamia. Keligious insanity: demonomania.—Megalomania. The so-called “delirium of grandeur” or “folie de grandeur ;” a form of mania in which the besetting delusion of the patient is that he is some person of great celebrity or exalted rank, historical or contemporary.—Kleptomania. A species (or symptom) of munia, eonsisting in an irresistible igs elt to steal. Looney v. State, 10 Tex. App. 525, 38 Am. Rep. 646; State y. Reidell, 9 Houst. (Del.) 470, 14 Atl. 550.—Pyromania. Incendiarism; a form of affective insanity in which the mania takes the form of an irresistible impulse to burn or set fire to things —Oikei mania, a form of insanity manifesting itself in a morbid state of the domestic affections, as an unreasonable dislike of wife or child without cause or provocation. Ekin v. McCracken, 11 Phila. (Pa.) 540.—Nymphomania. A form of mania characterized by & morbid. excessive, and uncontrollable cravin for sexual intercourse. This term is appli only to women. The term for a corresponding mania in men is “satyriasis."—Erotomania. A form of mania similar to nymphomania, except that the present term is applied to patients of both sexes, and that (according to some authorities) it is applicab'e to all cases of excessive sexual craving irrespective of origin; while nymphomania is restricted to cases where the disease is caused by a local disorder of the sexual organs reacting on the brain. And it is to be observed that the term “erotomania” is now often used, especially by French writers, to describe a morbid propensity for “falling in love” or an exaggerated and excited condition of amativeness or love-sickness, which may affect the general physical health, but is not necessarily correlated with any sexual craving, and which, though it may. unnaturally color the imagination and distort the subject’s view of life and affairs, does not at all amount to insanity, and should not be so considered when it leads to crimes of violence, as in the too common case of a rejected lover who kills his mistress.—-Necrophilism. <A form of affective insanity manifesting itself in an unnatural and revolting fondness for corpses, the patient desiring to be in their presence, to caress them, to exhume them, or sometimes to mutilate them, and even (in a form of sexual perversion) to violate them. Melancholia. Melancholia is a form of insanity the characteristics of which are extreme mental depression, associated with delusions and hallucinations, the latter relating especially to the financial or social position of the patient or to impending or threatened dangers to his person, property, or reputation, or issuing in distorted conceptions of his relations to socicty or his family or of his rights and duties in general. . Connecticut Mut. L. Ins. Co. v. Groom, 86 Pa. 92, 27 Am. Rep. 689; State v. Reidell, 9 Houst. ae 470, 14 Atl. 551; People v. Krist, 168 N. Y¥. 19, 60 N. E. 1057. Hypochondria or hypochondriasis. A form of melancholia in which the patient has exaggerated or causeless fears concerning his health or suffers from imaginary disease. TJoziphodia. Morbid dread of being poisoned; a form of insanity manifesting itself by an excessive and unfounded apprehension of death by poison. Specific definitions and applications in law. There are numerous legal proceedings where insanity may be shown, and the rule for establishing mental capacity or the want of it varies according to the object or purpose of the proceeding. Among there may be enumerated the following: A criminal prosecu- tion where Insanity is alleged as a defense; a proceeding to defeat a will on the ground of the insanity of the testator; a suit to avoid a contract (including that of marriage) for similar reasons; a proceeding to secure the commitment of a person alleged to be insane to an asylum; a proceeding to appoint a guardian or conservator for an alleged lunatic; a plea or proceeding to avoid the effect of the statute of limitations on account of insanity. What might be regarded as insnnity in one of such cases would not necessarily be so regarded in another.’ No definite rule can be laid down which would apply to all cases alike. Snyder v. Snyder, 142 III. 60, 31 N. E. 303; Clarke v. Irwin, 63 Neb. 539, 88 N. W. 783. But the following rules or tests for specific cases have been generally accepted and approved: In criminal law and as a defense to an accusation of crime, insanity means such a perverted and deranged condition of the mental and moral faculties as to render the person incapable of distinguishing between right and wrong, or to render him at the time unconscious of the nature of the act he is committing, or such that, though he may be conscious of it and also of its normal quality, so as to know that the act in question is wrong, yet his will or volition has been (otherwise than voluntarily) so completely destroyed that his actions are not subject to it but are beyond his control. Or, as otherwise stated, insanity is such a state of mental derangement that the subject is incompetent of having a criminal intent, or incapable of so controlling his will as to avoid doing the act in question. Davis v. U. S., 165 U. S. 373, 17 Sup. Ct. 360, 41 L. Ed. 750; Doherty v. State, 73 Vt. 380, 50 Atl. 1113; Butler v. State, 102 Wis. 364, 78 N. W. 590; Rather v. State, 25 Tex. App. 623, 9 S. W. 69; Lowe v. State, 118 Wis. 641, 96 N. W. 424; Genz v. State, 59 N. J. Law, 488, 37 Atl. 69, 59 Am. St. Rep. 619; In re Guiteau (D. C.) 10 Fed. 164; People v. Finley, 38 Mich. 482; People v. Hoin, 62 Cal. 120, 45 Am. Rep. 651; Carr v. State, 96 Ga. 284, 22 S. E. 570; Wilcox v. State, 94 Tenn. 106, 28 S. W. 312; State v. Holloway, 156 Mo. 222, 56 S. W. 734; Hotema v. U. S., 186 U. S. 418, 22 Sup. Ct. 893, 46 L. Ed. 1225. Testamentary capacity includes an intelligent understanding of the testator’s property, its extent and items, and of the nature of the act he is about to perform, together with a clear understanding and purpose as to the manner of its distribution and the persons who are to receive it. Lacking these, he is not mentally competent. The presence of insane delusions is not inconsistent with testamentary capacity, if they are of such a nature that they cannot reasonably be supposed to have affected the dispositions made by the will; and the same is true of the various forms of monomania and of all kinds of eccentricity and personal idiosyncrasy. But imbecility, senile dementia, and all forms of systemntized mania which affect the understanding and judgment generally disable the patient from making a valid will. See Harrison v. Rowan, 3 Wash. C. C. 585, Fed. Cas. No. 6,141; Smee v. Smee, 5 Prob. Div. 8t; Banks v. Goodfellow, 39 Law J. R., Q. B., 248; Wilson v. Mitchell, 101 Pa. 495; Whitney v. Twombly, 1386 Mass. 147; Lowder v. Lowder, 58 Ind. 540; In re Halbert’s Will, 15 Mise. Rep. 308, 37 N. Y. Supp. 757; Den v. Vancleve, 5 N. J. Law, 660. . As a ground for avoiding or annulling a contract or conveyance, insanity does not mean a total deprivation of reason, but an inability, from defect of perception, memory, and judgment, to do the act in question or to understand its nature and consequences. Frazer v. Frazer, 2 Del. Ch. 260. The insanity must have entered into and induced the particular contract or conveyance; it lust appear that it was not the act of the free and untrammeled mind, and that on account of the diseased condition of the mind the person entered into a contract or made a conveyance which he would not have made if he had been in the possession of his reason. Dewey v. Allgire, 37 Neb. 6, 55 N. W. 276, 40 Am. St. Rep. 468; Dennett v. Dennett, 44 N. H. 537, 84 Am. Dec. 97. Insanity sufficient to justify the annulment of a marriage meuns such a want of understanding at the time of the marriage as to render the party incapable of assenting to the contract of marriage. The morbid propensity to steal, called “kleptomania,” does not answer this description. Lewis v. Lewis, 44 Minn. 124, 46 N. W. 323, 9 L. R. A. 505, 20 Am. St. Rep. 539. As a ground for restraining the personal liberty of the patient, it may be said in general that the form of insanity from which he suffers should be such as to make his going at large a source of danger to himself or to others, though this matter is largely regulated by statute, and in many places the law permits the commitment to insane asylums and hospitals of persons whose insanity does not manifest itself in homicidal or other de structive forms of mania, but who are incapable of caring for themselves and their property or who are simply fit subjects for treatment in hospitals and other institutions specially designed for the care of such patients. See, for example, Gen. St. Kan. 1901, § 6570. To constitute insanity such as will authorize the appointment of a guardian or conservator for the patient, there must be such a deprivation of reason and judgment as to render him incapable of understanding and acting with discretion in the ordinary affairs of life; a want of sufficient mental capacity to transect ordinary business and to take care of and manage his property and affairs. See Snyder v. Snyder, 142 Ill. 60, 31 N. E. 3083; In re Wetmore’s Guardianship, 6 Wash. 271, 33 Pac. 615. Insanity as a plea or proceeding to avoid the effect of the statute of limitations means practically the same thing as in relation to the appointment of a guardian. On the one hand, it does not require a total deprivation of reason or absence of understanding. On the other hand, it does not include mere weakness of mind short of imbecility. It means such a degree of derangement as renders the subject incapable of understanding the nature of the particular affair and his rights and remedies in regard to it and incapable of taking discreet and intelligent action. See Burnham v. Mitchell, 34 Wis. 134. There are a few other legal rights or relations into which the question of insanity enters, such as the capacity of a witness or of a voter; but they are governed by the same general principles. The test is capacity to understand and appreciate the nature of the particular act and to exercise intelligence in its performance. A witness must understand the nature and purpose of an oath and have enough intelligence and memory to relate correctly the facts within his knowledge. So a voter must understand the nature of the act to be performed and be able to make an intelligent choice of candidates. In either case, eccentricity, “crankiness,” feeble-mindedness not amounting to imbecility, or insane delusions which do not affect the matter in hand, do not disqualify. See District of Columbia v. Armes, 107 U. S. 521, 2 Sup. Ct. 840, 27 L. Ed. 618; Clark v. Robinson, 88 Ill. 502, Insanus est qui, abjecta ratione, omnia cum impetu et furore facit. He is insane who, reason being thrown away, does everything with violence and rage. 4 Coke, 128. And see State v. O’Neil, 51 Kan. 651, 33 Pac. 287, 24 L. BR. A. 550. And see Cheney v. Price, 90 Hun, 238, 37 N. Y. Supp. 117; In re Black's Estate, 1 Myr. Prob. (Cal.) 24; In re Mason, 3 Edw. Ch. (N. Y.) 380; Hart v. Miller, 29 Ind. App. 222, 64 N. E. 239; In re Lindsley, 44 N. J. Eg. 564, 15 Atl. 1, 6 Am. St. Rep. 913; Dennett v. Dennett, 44 N. H. 531, 84 Am. Dec. 97; Edwards vy. Davenport (C. C.) 20 Fed. 758; Witte v. Gilbert, 10 Neb. 539, 7 N. W. 288; Stewart v. Lispenard, 26 Wend. (N. Y.) 300.
INSANITYmain
Rapalje & Lawrence • 1883
- There is no disease, says Zacchias, more easily feigned, or more difficult of detection, than this. Great men of ancient times, to elude danger, Among us, the choice of the means for have pretended it; as David, Ulysses, establishing the existence of insanity, when Solon and Brutus. On the other hand, concealed, is left to individual sagacity. Dr. Ray declares that, "those who have This no doubt is sufficient, where great been longest acquainted with the manners acquaintance with insanity.suggests the of the insane, and whose practical acquaintance with the disease furnishes the most satisfactory guarantee of the correctness of their opinions, assure us that insanity is not easily feigned; and that no attempt at imposition can long escape detection." Georget does not believe "that course best adapted to each case; but the majority of medical men will feel the need of some system of proceeding that will simplify their inquiries, and render them more efficient. The French arrange their means into three general divisions, which are made use of in succession, when the
INSANITYn.
Websters Unabridged Dictionary (1913) • 1913
The state of being insane; unsoundness or derangement of mind; madness; lunacy. All power of fancy overreason is a degree of insanity. Johnson. Without grace The heart's insanity admits no cure. Cowper. Such a mental condition, as, either from the existence of delusions, or from incapacity to distinguish between right and wrong, with regard to any matter under action, does away with individual responsibility.
insanitynoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
The state of being insane; madness.

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In