Legal Definitions - is qui omnino desipit

Term: is qui omnino desipit

Definition: This Latin phrase, historically used in legal contexts, refers to an individual who is entirely devoid of reason or understanding. It specifically distinguished someone suffering from severe mental illness (often termed "insanity" at the time) from someone with an intellectual disability. The core idea is a complete and profound inability to engage in rational thought or comprehend the nature of one's actions or surroundings.

Explanation and Examples:

• Example 1: Contractual Capacity

  Imagine a person, Mr. Henderson, who is experiencing a severe psychotic episode. During this episode, he genuinely believes he is a monarch from another dimension and signs a contract to purchase a dilapidated shed for an exorbitant sum, intending to use it as his intergalactic palace. In this state, Mr. Henderson is completely unable to understand the true nature of the contract, its financial implications, or the reality of his actions.

  How this illustrates the term: Mr. Henderson's profound delusion means he is "is qui omnino desipit" regarding the contract. He lacks the fundamental reason to comprehend the agreement, distinguishing his state from merely making a bad financial decision or having limited intelligence. His mental state prevents any rational understanding of the transaction.

• Example 2: Testamentary Capacity (Wills)

  Consider Ms. Chen, an elderly woman in the advanced stages of a neurodegenerative disease, who attempts to draft a new will. Her proposed will includes provisions such as leaving her entire estate to a flock of pigeons she believes communicate with her telepathically, with detailed instructions for them to manage a complex investment portfolio. She also disinherits her children because she believes they have been replaced by alien imposters.

  How this illustrates the term: Ms. Chen's severe cognitive impairment and delusional beliefs demonstrate that she is "is qui omnino desipit" concerning her will. She is completely void of the reason necessary to understand the purpose of a will, the extent of her property, or her natural beneficiaries, making her incapable of forming a rational testamentary intent.

• Example 3: Criminal Responsibility (Insanity Defense)

  Suppose Mr. Davies commits an act of vandalism, spray-painting elaborate symbols on a public building. When apprehended, he explains that he was following direct commands from a deity, believing these symbols were crucial to preventing a catastrophic cosmic event. He genuinely cannot comprehend that his actions are illegal or harmful, viewing them as a necessary, divinely ordained duty.

  How this illustrates the term: Mr. Davies's severe delusional state means he is "is qui omnino desipit" in the context of criminal responsibility. He lacks the capacity for reason to understand the wrongfulness of his actions or the nature and quality of what he was doing, which is a key component of many historical and modern insanity defenses.