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Criminal Lunatics Act 1800
The Criminal Lunatics Act 1800 (39 & 40 Geo 3 c 94) was an Act of the Parliament of Great Britain that required and established a set procedure for the indefinite detention of mentally ill offenders. It was passed through the House of Commons in direct reaction to the trial of James Hadfield, who attempted to assassinate King George III.〔Roberts, Andrew (1981)(Mental Health History Dictionary ) Middlesex University.〕
==Background==
Before 1800, if a defendant was acquitted on the grounds of insanity, he was simply allowed to go free because there was no law in place that allowed the government to detain him. If the judge presiding over the case thought that it would be dangerous to release the defendant and wanted him detained, a separate civil commitment hearing had to be held before the person could be incarcerated. In some cases, the authorities were able to use the Vagrancy Act of 1744 to confine criminals, but in the majority of cases the defendants were sent home or put into the care of their family.
Because a ruling in favour of a plea of insanity was basically equated with a verdict of not guilty, it was generally very difficult to obtain. The consensus among law officials of the time was that madness had to be “obvious and overwhelming”〔 before a plea of insanity would be accepted as a defence. If it could be successfully argued that a lunatic committed a crime during a brief moment of sanity, then it was considered acceptable to convict the defendant, allowing the authorities to detain that person for the good of society.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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