| 释义 |
M'Naghten rules|məkˈnɔːt(ə)n|
Also McNaghten, MacNaughten, Macnaughton, etc., rules (or case, etc.).
[Named after Daniel M'Naghten who was tried for murder in 1843 and acquitted on a plea of insanity.]
Name applied to the answers given in the House of Lords in 1843 after the trial of Daniel M'Naghten for the murder of Sir Robert Peel's secretary, Edward Drummond, when five questions were put respecting crimes alleged to have been committed by persons suffering from insanity; subsequently used as criteria for judging an accused person's responsibility for his actions.
[1843Times 14 Mar. 4/3 Last night the Lord Chancellor..brought forward the circumstances of M'Naughten's trial for the consideration of the Peers... He proceeded to caution their Lordships against supposing that, even if the verdict in M'Naughten's case should appear to have been given upon faulty or inconclusive evidence, it would be necessary to alter the law upon the subject.] 1892D. H. Tuke Dict. Psychol. Med. I. 318/1 Juries are never, at the present day, charged strictly in conformity with the McNaghten rules. [1902Encycl. Brit. XXIX. 491/2 The answers [by Chief Justice Tindal] to these questions are commonly called ‘The rules in Macnaughton's case’ and they still nominally contain the law of England as to the criminal responsibility of the insane. ]1958B. Hamilton Too Much of Water xii. 271 So long as the McNaughton rules run, I don't think he's got a chance of Broadmoor. 1959Jowitt Dict. Eng. Law II. 1122/2 In R. v. McNaghten or M‘Naghten or Macnaughten (1843)..a discussion took place in the House of Lords upon the direction to the jury..and as a result a series of questions was put to the judges. The answers of the majority constitute the ‘McNaghten Rules’, and have been accepted as laying down the law as to insanity with reference to criminal responsibility. 1959Listener 24 Sept. 481/1 Insanity in this context was until lately very narrowly defined by the McNaghten rules. 1962Lancet 1 Dec. 1148/1 Giving the background to present-day legal views on diminished responsibility, the McNaughten rules, uncontrollable impulse, and psychopathy. 1968N. Walker Crime & Insanity in Eng. vi. 105 It is difficult to find a clear statement of the medical objections to the M'Naghten Rules at this date. Ibid. 107 Mr Justice Bray explained the M'Naghten Rules to the Gloucester jury. 1971Reader's Digest Family Guide to Law 773/1 The McNaughten Rules can be applied to all offences, but they are rarely used in anything but murder cases. 1973Times 24 May 12/7 What emerges clearly from the Canadian trial is the immense benefit to both doctors and lawyers in this country from the subsidence of the McNaghten rules and the introduction of the plea of diminished responsibility. |