<論説>ニューハムプシャー・ルールの解明

概要

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This statement may sound very simple, but under the Anglo-American criminal law the issue on legal insanity has been very complicated for these more than one hundred years. The complication is mainly caused by two questions; how to relate legal insanity to criminal responsibility, and how to find insanity in the trial. The former is a question of mens rea, and the latter is that of the fact-finding function by jury or that of the expert opinions by psychiatrists. Because of such complication, there have been many rules or tests on legal insanity under the Anglo-American criminal law-for instance, M'Naghten Rule. It is a purpose of this thesis to treat the New Hampshire Rule established by Charles Doe in 1871. The discussion will be focused on the analysis of the relationship between insanity and criminal responsibility in this rule, the fact-finding function of insanity by jury, and by means of which how it will change and develop in the process. In discussing the topic of the New Hampshire Rule, this thesis is divided into four chapters : (I) foreword, (II) the criticism of Doe's on M'Naghten Rule, (III) the understanding of the New Hampshire Rule, and (IV) conclusion.
関西学院大学の論文
1970-12-28