Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Insanity (2)
- Accident (1)
- American General Insurance Co. (1)
- Blood alcohol level (1)
- Chemical test (1)
-
- Childress (1)
- Commitment (1)
- Criminal responsibility (1)
- Criminality (1)
- Diagnosis (1)
- Discharge (1)
- Draft Act (1)
- Drunk driving (1)
- Due process (1)
- Durham v. United States (1)
- Evidentiary presumption (1)
- Fright (1)
- Hospitalization (1)
- Intoxication (1)
- M'Naghten (1)
- Mental deficiency (1)
- Mental disease (1)
- Mental disorder (1)
- Mental hospital (1)
- Mental illness (1)
- Mental injury (1)
- Mentally ill (1)
- Mezullo v. Maletz (1)
- Physician (1)
- Proximate causation (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Weihofen: Mental Disorder As A Criminal Defense, Winfred Overholser M.D.
Weihofen: Mental Disorder As A Criminal Defense, Winfred Overholser M.D.
Michigan Law Review
A Review of Mental Disorder as a Criminal Defense. By Henry Weihofen.
Criminal Law - Reexamination Of Tests For Criminal Responsibility, Mary Lee Ryan
Criminal Law - Reexamination Of Tests For Criminal Responsibility, Mary Lee Ryan
Michigan Law Review
Criminal law in the Anglo-American system of jurisprudence is based upon the concept that persons should be held responsible for their acts. A strong corrollary to this idea is that certain types of persons, namely the "insane," should not be held responsible for criminal conduct. Although this proposition seems beautifully simple, courts in England and the United States for over a hundred years have wrestled with the problem of what constitutes insanity, or, to phrase it more accurately, what type of mental condition should preclude responsibility for a criminal act.
Evidence - Validity Of Statutory Presumption Of Intoxication From A Finding Of 0.15 Percent Concentration Of Alcohol In The Blood, Donald F. Oosterhouse S.Ed.
Evidence - Validity Of Statutory Presumption Of Intoxication From A Finding Of 0.15 Percent Concentration Of Alcohol In The Blood, Donald F. Oosterhouse S.Ed.
Michigan Law Review
Defendant was tried and convicted of the statutory crime of driving an automobile while under the influence of intoxicating liquor. The state introduced into evidence the result of a blood test, voluntarily submitted to by the defendant, which showed 0,20% concentration of alcohol in the defendant's blood. Arizona statutes established a rebuttable presumption of no intoxication if such tests showed a concentration of 0.05%, or less, of alcohol in one's blood, and of intoxication if the tests showed a concentration of 0.15%, or more. Breath, urine, and direct blood tests are authorized by the statute. Defendant argued that the statute …
Workmen's Compensation - Traumatic Neurosis Without Physical Injury, Irving L. Halpern
Workmen's Compensation - Traumatic Neurosis Without Physical Injury, Irving L. Halpern
Michigan Law Review
Appellee and his co-worker attempted to lower a suspended scaffold on which they were standing, whereupon the scaffold gave way and the coworker fell to his death. Appellee suffered only slight bruises on his leg, but as a result of seeing his fellow employee fall to his death, he sustained severe fright and shock which resulted in a traumatic neurosis preventing him from engaging in the normal duties of his occupation. The lower court awarded appellee judgment for permanent partial disability under the Texas Workmen's Compensation Law. On appeal, held, reversed. Appellee's condition was a mental disease and compensable …
Hospitalization Of The Voluntary Mental Patient, Hugh A. Ross
Hospitalization Of The Voluntary Mental Patient, Hugh A. Ross
Michigan Law Review
In 1949, the last year for which accurate statistics are available, 390,567 persons were admitted to mental hospitals in the United States. Total annual cost of mental illness, including loss of earnings, has been estimated to be over a billion dollars a year. Although the problems involved in admission of the mentally ill patient to a hospital are usually thought of in terms of formal involuntary commitment proceedings, there is an increasing awareness of the desirability of provision for voluntary procedures which would encourage prompt and effective medical care. Voluntary admission is not a form of commitment, although it may …
Torts - Liability Of Physician Erroneously Certifying Insanity, Richard Z. Rosenfeld
Torts - Liability Of Physician Erroneously Certifying Insanity, Richard Z. Rosenfeld
Michigan Law Review
A physician certified plaintiff to be insane, when in fact she was sane; she was thereafter committed to a state sanitarium. Upon her release, she sued the physician for negligence in examination. Defendant's demurrer for failure to state a cause of action was sustained. On appeal, held, affirmed. Quoting almost the entirety of an analogous 1900 decision from the same jurisdiction, the court held that defendant had owed no duty to plaintiff. Because the administration of the law "should not be obstructed by the fears of physicians that they may render themselves liable to suit," certifying physicians "should be …