Maxim 7.8.18
A madman is punished by his madness alone.
Furiosus solo furore punitur.
Source: Bouvier's Law Dictionary; Co. Litt. 247
Difficulty 2/5 — Approachable
Explanation
The insane cannot be held criminally responsible, for their affliction is itself their punishment and the law will not add to it.
Where this applies
- A person who was legally insane when they committed the act cannot be held criminally responsible.
- An individual with severe mental illness committed a crime — the illness itself is their burden.
Legal domains
Cite this maxim
NeCede Max. 7.8.18 — A madman is punished by his madness alone. — Bouvier's Law Dictionary; Co. Litt. 247 (Furiosus solo furore punitur.)
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