<論説>マックノートン・ルールに関する一考察 : アメリカ法における訴訟能力との関連において

概要

論文の詳細を見る
The former is the M'Naghten rule which is the famous test of legal insanity. The latter is the general test of incompetency to stand trial. Legal insanity has been argued in terms of criminal responsibility. Incompetency to stand trial has been discussed from the standpoint of due process of law. Hence the question of legal insanity must be distinguished from that of incompetency to stand trial. But there may by similar points between the two questions, because both of them are related to mental disease, and because incompetent defendants as well as defendants acquitted by reason of insanity are committed to psychiatric hospitals for medical treatments. Thus, although the M'Naghten rule is not affected by the statutes relating to competency to stand trial, the rule may be affected by the applications of these statutes to incompetent defendants. It is the purpose of this thesis to discuss an aspect of the rule which is affected by the applications of these statutes.
関西学院大学の論文
1972-08-30