Legal Definitions - durante furore

durante furore is a Latin legal phrase that historically means "while the insanity endures" or "during the period of madness." In legal contexts, it referred to the principle that an individual could not be prosecuted or stand trial while suffering from a severe mental illness that prevented them from understanding the legal proceedings or assisting in their own defense. Legal action would be suspended or postponed *durante furore*, with the possibility of resuming if the individual's mental state improved sufficiently.

Here are some examples illustrating this concept:

• Imagine a scenario where a person is accused of a serious crime, but before the trial can begin, psychiatric evaluations determine they are experiencing a severe psychotic episode. They are unable to comprehend the charges against them, understand the role of the judge or jury, or communicate effectively with their attorney.

  In this situation, a court would rule that the trial cannot proceed durante furore. The legal proceedings would be suspended, and the individual might be committed to a mental health facility for treatment. The trial could potentially resume only if and when their mental health stabilizes and they are deemed competent to stand trial.

• Consider a case from a historical context where an individual committed an act that would typically lead to criminal charges, but they were immediately found to be in a state of profound mental incapacity. Instead of a trial, they were involuntarily committed to a secure asylum for treatment.

  This commitment would have occurred durante furore. While the individual was receiving treatment and their severe mental illness persisted, any criminal prosecution would have been indefinitely on hold. If, after a significant period, their mental state improved to the point where they were considered competent, the state might then have decided to initiate or resume criminal proceedings.

• Suppose a defendant in the early 20th century was undergoing a criminal trial, but halfway through the proceedings, they suffered a sudden and severe mental breakdown, becoming completely unresponsive and delusional. Medical experts testified that they were no longer capable of participating in their defense.

  The court would likely declare a mistrial or suspend the proceedings durante furore. It would be deemed unjust to continue the trial while the defendant was in such a state. The legal process would be paused, and the defendant would be transferred for psychiatric care, with the understanding that the trial could only recommence if their mental faculties were restored.