The Encyclopedia Americana (1920)/Insanity (law)

INSANITY, in the legal sense, such a degree of mental unsoundness as to call for the restraint of the person afflicted or to justify the authorities in depriving him of the management of his property and affairs. An insane person comes in contact with the law (1) when he suffers from such unsoundness of mind that it is necessary for his own or the public welfare that his liberty be restricted; (2) when he is incapable of managing himself or his affairs, or of directing their management; and (3) when a plea of insanity is entered on his behalf, in answer to a criminal charge. Insanity in a

legal sense includes only questions of life or property, competency and responsibility, and ability to transact the affairs of life. According to the law of the United States, the modern view is that whether a person is or is not insane is in every case a question of fact. The courts are quite liberal in attempting to sustain wills of persons who are not wholly insane. If a person has sufficient understanding to comprehend the nature of the testamentary act, knows the nature of his property and shows clearly that he could decide why he wanted his property to go to the beneficiaries named, his will is usually received and probated. An insane person, is responsible for his torts. He is criminally responsible for his actions, unless from defective mental power or from mental disease he cannot understand the nature of his acts, or does not know that his act is wrong, or is unable to control his conduct &mdash; unless, in the last case his want of control arises from his own fault. An insane person muat sue or defend an action through his guardian ad litem. A person confined against his will as insane is entitled to a writ of habeus corpus and a judicial inquiry as to the legality of his detention.