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...School), admitted that DeSalvo unquestionably was a sick man, but he and the prosecution psychiatrists launched a strong rebuttal to the defense contention that DeSalvo was "a completely uncontrollable vegetable walking around in a human body." The traditional Massachusetts rule for legal insanity holds that a defendant is sane unless he is unable to tell right from wrong or is governed by irresistible impulse. Both sides conceded that De-Salvo knew that what he was doing was wrong, and the prosecution relentlessly hammered away at the fact that he had taken such thoughtful precautionary measures as wearing gloves. That, argued...

Author: /time Magazine | Title: Trials: Bailey & the Boston Strangler | 1/27/1967 | See Source »

Dashing into a bomb shelter at his Hanoi hotel during an alert, Salisbury bumped into four visiting U.S. women who belong to such organizations as the National Committee for a Sane Nuclear Policy and the Student Nonviolent Coordinating Committee. Due next week are several clergymen, including U.S. Pacifist A. J. Muste, who has led antiwar rallies in New York, Washington and Saigon. Though the ladies and the preachers were traveling without clearance from the State Department, a total of 57 Americans-47 of them newsmen-have validated passports to visit the North. So far, Hanoi has agreed to admit only...

Author: /time Magazine | Title: The War, The Presidency: Flak from Hanoi | 1/6/1967 | See Source »

...from a psychotic reactive depression" when he reported only $9,000 of his $43,000 income in 1959. In his instructions to the jury, the judge omitted insanity as a defense. New York federal judges then used the old M'Naghten test that a man is legally in sane only if he "did not know right from wrong", or did not understand the nature of his acts at the time of his crime. A supplement to the M'Naghten test added "irresistible impulse" but neither test seemed to fit Sheller...

Author: /time Magazine | Title: Criminal Justice: You Have to Be Insane Not to Pay Taxes | 1/6/1967 | See Source »

...that finding "shall in no way prejudice the accused in a plea of insanity as a defense against the crime charged." In short, he may be acquitted as legally insane at the time of his crime-but his trial itself would conceivably signify that he had since become legally sane...

Author: /time Magazine | Title: Criminal Justice: You Have to Be Insane Not to Pay Taxes | 1/6/1967 | See Source »

...Yorker can be committed only if he is presently insane, and more dangerously ill than the minimum required by the rather loose Freeman standards. Thus, if an allegedly insane tax defendant is sane enough to stand trial, he seems unlikely to face state commitment upon his federal acquittal...

Author: /time Magazine | Title: Criminal Justice: You Have to Be Insane Not to Pay Taxes | 1/6/1967 | See Source »

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