5B Pureperal Mania - 5 Lesion of the Will Lesion of the...

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5: Lesion of the Will Lesion of the Will o French import o Lesion is a medical term denoting an injury o An injury of the Will is a particularly good term- rhetorically strong term for a medical witness to use o Rhetoric: study how a speaker uses language to persuade potency of words used to convince the jury o Penetrates the criminal psychology o Without the will, there is no criminal responsibility Resolve to cause injury Will to harm > these factors are what render someone culpable physicians, lawyers: territorial struggle between two professions in proclaiming what the concept of criminality is ° ° 1840 Edward Oxford Aimed and emptied two pistols at the Queen Regicide Treason Acquittal ° Culprit:
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5: Lesion of the Will Intellectually, he knew what he had done Emotionally, he couldn’t explain: suffering from a disease, a defect, or an injury to his will. Metaphysical; volition Diagnosis: moral insanity, irresistible impulse Law claims moral insanity must be removed from the courtroom Crimes are based on these irresistible impulses ° ° 1843 Daniel McNaughtan Lawyer, physician Scotsman living in Glasglow Last time principles of Law and principles of Medicine were emphasized and outlined Conspiracy/political delusion became so potent that he was put on trial for Edward Drummond’s murder 9 medical witnesses testified at this trial Trial of tremendous significance; acquittal – political assassination o Final pronouncement of what an insanity acquittal should be composed of ° delusion was coupled with the notion of impulsiveness by virtue of this delusion, he was incapable of self-restraint
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