Fisher v. United States (1946)
| Fisher v. United States | |
|---|---|
| Argued December 5, 1945 Decided June 10, 1946 | |
| Full case name | Julius Fisher v. United States |
| Citations | 328 U.S. 463 (more) |
| Case history | |
| Prior | Certiorari to the United States Court of Appeals for the District of Columbia Circuit |
| Court membership | |
| |
| Case opinions | |
| Majority | Reed, joined by Black, Douglas, Burton |
| Dissent | Murphy, joined by Frankfurter, Rutledge |
| Dissent | Frankfurter |
| Dissent | Rutledge |
| Jackson took no part in the consideration or decision of the case. | |
Fisher v. United States, 328 U.S. 463 (1946), was a U.S. Supreme Court decision in which the Court held that under District of Columbia law, evidence of a mental disorder that does not qualify as legal insanity cannot reduce a first-degree murder charge – which requires the murder be deliberate and premeditated – to second degree.[1]
References
Citations
- ^ Keedy 1950–1951, p. 267; Weihofen & Overholser 1946–1947, p. 960.
Works cited
- Keedy, Edwin R. (1950–1951). "Problem of first degree murder: Fisher v. United States". University of Pennsylvania Law Review. 99 (3): 267–292. Retrieved June 29, 2025.
- Weihofen, Henry; Overholser, Winfred (1946–1947). "Mental disorder affecting the degree of a crime". Yale Law Journal. 56 (6): 959–981. Retrieved June 29, 2025.
Further reading
- George, James A. (1961–1962). "Criminal law and procedure – partial insanity affecting the degree of a crime". Louisiana Law Review. 22 (3): 664–670. Retrieved June 29, 2025.
- Sneed, Joseph T. (1946–1947). "Insanity as a defense in criminal law and semi-responsibility". Texas Law Review. 25 (3): 295–302. Retrieved June 29, 2025.
- Taylor, Herman Leroy (1946). "Partial insanity as affecting the degree of crime – a commentary on Fisher v. United States". California Law Review. 34 (4): 625–643. Retrieved June 29, 2025.
External links
- Text of Fisher v. United States, 328 U.S. 463, is available from: Justia