Roman law and the insanity defense
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+ | [[Roman law]] has two short dicta regarding the [[insanity defense]] | ||
- | "[[Satis furore ipso punitur]]" from [[Roman law]], its source is [[De lege Pompeia de Parricidiis]] from the [[Corpus Iuris Civilis]]. | + | The first is "satis furore ipso punitur" from [[De lege Pompeia de Parricidiis]] (part of the [[Corpus Iuris Civilis]]) and freely translates as "an insane offender is punished sufficiently by his madness". |
- | It translates freely as "an insane offender is punished suficiently by his madness". | + | A variant on this phrase is "furiosus satis ipso furore punitur" (Eng: the madman is sufficiently punished by his madness) is attributed to [[Marcus Aurelius]]. |
+ | The second is dictum is "fati infelicitas excusat," which translates as "the bad luck of his fate is his excuse." The full citation is "Infans vel furiosus si hominem occiderint, lege cornelia non tenentur, cum alterum innocentia consilii tuetur, alterum fati infelicitas excusat" and it stems from the [[Lex Cornelia de sicariis et veneficis]]. | ||
==See also== | ==See also== | ||
- | *[[Roman law and the insanity defense]] | ||
- | *[[Fati infelicitas excusat]] | ||
*[[Roman law]] | *[[Roman law]] | ||
*[[Insanity defense]] | *[[Insanity defense]] | ||
+ | *''[[Furiosus]]'' | ||
+ | *''[[Non compos mentis]]'' | ||
+ | *''[[Mens rea]]'' | ||
+ | *[[Macer, On Criminal Trials, Book II]]. | ||
+ | |||
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Roman law has two short dicta regarding the insanity defense
The first is "satis furore ipso punitur" from De lege Pompeia de Parricidiis (part of the Corpus Iuris Civilis) and freely translates as "an insane offender is punished sufficiently by his madness".
A variant on this phrase is "furiosus satis ipso furore punitur" (Eng: the madman is sufficiently punished by his madness) is attributed to Marcus Aurelius.
The second is dictum is "fati infelicitas excusat," which translates as "the bad luck of his fate is his excuse." The full citation is "Infans vel furiosus si hominem occiderint, lege cornelia non tenentur, cum alterum innocentia consilii tuetur, alterum fati infelicitas excusat" and it stems from the Lex Cornelia de sicariis et veneficis.
See also