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Manifest Madness Mental Incapacity In The Criminal Law
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Book Synopsis Manifest Madness by : Arlie Loughnan
Download or read book Manifest Madness written by Arlie Loughnan and published by Oxford University Press. This book was released on 2012-04-19 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together previously disparate discussions on criminal responsibility from law, psychology, and philosophy, this book provides a close study of mental incapacity defences, tracing their development through historical cases to the modern era.
Book Synopsis Manifest Madness: Mental Incapacity in the Criminal Law by : Arlie Loughnan
Download or read book Manifest Madness: Mental Incapacity in the Criminal Law written by Arlie Loughnan and published by OUP Oxford. This book was released on 2012-04-19 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: A PDF version of this book is available for free in open access via www.oup.com/uk as well as the OAPEN Library platform, www.oapen.org. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license and is part of the OAPEN-UK research project. Whether it is a question of the age below which a child cannot be held liable for their actions, or the attribution of responsibility to defendants with mental illnesses, mental incapacity is a central concern for legal actors, policy makers, and legislators when it comes to crime and justice. Understanding mental incapacity in criminal law is notoriously difficult; it involves tracing overlapping and interlocking legal doctrines, current and past practices of evidence and proof, and also medical and social understandings of mental illness and incapacity. With its focus on the complex interaction of legal doctrines and practices relating to mental incapacity and knowledge - both expert and non-expert - of it, this book offers a fresh perspective on this topic. Bringing together previously disparate discussions on mental incapacity from law, psychology, and philosophy, this book provides a close study of this terrain of criminal law, analysing the development of mental incapacity doctrines through historical cases to the modern era. It maps the shifting boundaries around abnormality as constructed in law, arguing that the mental incapacity terrain has a distinct character - 'manifest madness'.
Book Synopsis Madness and the Criminal Law by : Norval Morris
Download or read book Madness and the Criminal Law written by Norval Morris and published by . This book was released on 1984-02-01 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the criminal responsibility of the mentally ill, looks at involuntary conduct, and argues that mental illness should affect sentencing, but not determine guilt or innocence
Book Synopsis Madness and the Criminal Law by : Norval Morris
Download or read book Madness and the Criminal Law written by Norval Morris and published by . This book was released on 1982 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the criminal responsibility of the mentally ill, looks at involuntary conduct, and argues that mental illness should affect sentencing, but not determine guilt or innocence
Book Synopsis Crime and Madness by : Thomas Maeder
Download or read book Crime and Madness written by Thomas Maeder and published by HarperCollins Publishers. This book was released on 1985 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies the insanity defense including its history, its emotional and intellectual justification, legal and medical difficulties of administration, objections to it, and solutions that have been proposed.
Book Synopsis The Insanity Defense by : Donald H. J. Hermann
Download or read book The Insanity Defense written by Donald H. J. Hermann and published by Charles C. Thomas Publisher. This book was released on 1983 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Jury and the Defense of Insanity by : Rita James Simon
Download or read book The Jury and the Defense of Insanity written by Rita James Simon and published by Transaction Publishers. This book was released on with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thirty years after it was first published, the issues raised in The Jury and the Defense of Insanity remain pertinent. Rita James Simon examines how motivated and competent juries are, how well jurors understand and follow judges' instructions, their understand-ing of expert testimony, and the extent to which their own backgrounds and experiences influence their decisions. Simon provides a rare opportunity to observe how jurors go about the process of deliberating and reaching a verdict by following them into the jury room and recording their deliberations. This pathbreaking study of jury room behavior provides compelling evidence of the effectiveness of our trial by jury system. The Jury and the Defense of Insanity was the product of an experimental study con-ducted as part of the University of Chicago Jury Project. Over 1,000 jurors were chosen to participate, not as volunteers, but as part of their regular jury duty, in two experimental trials, one on a charge of housebreaking, the other of incest. In each the insanity de-fense was raised. Court judges instructed the jurors to consider the recorded trials they were about to hear with all the care and seriousness they would give to a real criminal prosecution, and the taped recordings of their deliberations make it clear that they did just that. These recordings, along with responses to detailed questionnaires, yielded significant data, equally applicable to civil as to criminal cases. We learn their reactions to their fellow jurors; personal evaluations of the quality and effectiveness of delibera-tions; the degree to which religion, sex, social status, education, and like factors affect participation in and influence on the course of the deliberation; and the recounting of and reliance upon personal experience in seeking to reach a verdict, among other in-sights furnished by this study. This is an exact record--not a description or recollected account--of the struggle of a jury to weigh evidence and achieve a just verdict. For lawyers whose job it is to win civil and criminal cases, for behavioral scientists who study male and female reactions in their cultural environment to the circumstances that confront them, and to all who are interested in how people behave and why, in a dramatic, socially significant situation, this is a fascinating and revealing book.
Book Synopsis The Insanity Defence by : Ronnie Mackay
Download or read book The Insanity Defence written by Ronnie Mackay and published by Oxford University Press. This book was released on 2022-12-01 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than any other defence in the criminal law, the insanity defence has, and continues to be, the subject of heated debate. Yet too little is known about how the insanity defence operates in different jurisdictions, including in the United Kingdom and Ireland. In this book, Mackay and Brookbanks, and their team of expert contributors, explore the theory and practice around the insanity defence and analyse its diverse influence and manifestations across a wide range of common law and civil law jurisdictions. Typically, the insanity defence, as exemplified in the M'Naghten Rules, represents a foundational aspect of criminal responsibility, although in some jurisdictions it serves only to define degrees of mental capacity. However, what all jurisdictions have in common is the high and increasing incidence of mental illness and impairment challenging existing constructions of an exculpatory rule. This book explores in detail the origins and operation of the M'Naghten Rules as well as the eclectic nature of the insanity defence, its highly variable linguistic expression, and the diverse social policy mandates it seeks to embrace. The Insanity Defence will reinvigorate the debate about the defence by discussing both its theoretical basis and exploring how different jurisdictions approach the insanity plea, not only in relation to an appropriate test and how it operates, but also from the perspective of disposal and how those who use the insanity defence successfully are dealt with. This book will be of interest to researchers, academics, and advanced students with an interest in criminal law internationally, as well as to those involved in the development of policy and legislation.
Book Synopsis The Matrix of Insanity in Modern Criminal Law by : Gabriel Hallevy
Download or read book The Matrix of Insanity in Modern Criminal Law written by Gabriel Hallevy and published by Springer. This book was released on 2015-06-30 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the assumptions of modern criminal law that insanity is a natural, legally and medically defined phenomenon (covering a range of medical disorders). By doing so, it paves the way for a new perspective on insanity and can serve as the basis for a new approach to insanity in modern criminal law. The book covers the following aspects: the structure of the principle of fault in modern criminal law, the development of the insanity defense in criminal law, tangential in personam defenses in criminal law and their implications for insanity and the legal mechanism of reproduction of fault. The focus is on the Anglo-American and European-Continental legal systems. Given the attention consistently drawn by international and domestic events in this context, the book will be of interest to a broad and growing international audience.
Book Synopsis Crime and Insanity by : Richard W. Nice
Download or read book Crime and Insanity written by Richard W. Nice and published by . This book was released on 1958 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Insanity And The Criminal Law by : William A. White
Download or read book Insanity And The Criminal Law written by William A. White and published by Da Capo Press, Incorporated. This book was released on 1981-04-21 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bestrafung.
Book Synopsis The Insanity Defense by : Mark D. White
Download or read book The Insanity Defense written by Mark D. White and published by Bloomsbury Publishing USA. This book was released on 2017-01-23 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: How often is the defense of insanity or temporary insanity for accused criminals valid—or is it ever legitimate? This unique work presents multidisciplinary viewpoints that explain, support, and critique the insanity defense as it stands. What is the role of "the insanity defense" as a legal excuse? How does U.S. law handle criminal trials where the defendant pleads insanity, and how does our legal system's treatment differ from those of other countries or cultures? How are insanity defenses used, and how successful are these defenses for the accused? What are the costs of incarceration versus psychiatric treatment and confinement? This book presents a range of expert viewpoints on the insanity defense, exposing common myths; investigating its effectiveness and place in our legal system through history, case studies, and comparative analysis; and supplying perspectives from the disciplines of psychology, psychiatry, sociology, and neuroscience. The content also addresses the ramifications of declaring citizens insane or incapacitated and examines trials that involved pleas of insanity and temporary insanity.
Download or read book Madness and Crime written by Philip Bean and published by Routledge. This book was released on 2013-05-13 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an authoritative and highly readable review of the relationship between madness and crime by one of the leading authorities in the field. The book is divided into four parts, each essay focusing on selected features of madness which have relevance to contemporary society. Part 1 is about madness itself, exploring three main models − cognitive, statistical, and emotional. Part 2 is a short discussion on madness, genius and creativity. Part 3 is about the much neglected area of compulsion, an issue that has largely disappeared from public debate. The mad may have moved from victim to violator, yet fundamental questions remain − in particular how to justify compulsory detention, and who should undertake the process? The answers to these questions have sociological, ethical and jurisprudential elements, and cannot just re resolved by reference to medical authorities. Part 4 is about the links between madness and crime − focusing less on the question and nature of criminal responsibility and the various defences that go with this, more on the links between madness and crime and which particular crimes are linked with which types of disorder.
Book Synopsis Self, Others and the State by : Arlie Loughnan
Download or read book Self, Others and the State written by Arlie Loughnan and published by Cambridge University Press. This book was released on 2019-12-12 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal responsibility is now central to criminal law, but it is in need of re-examination. In the context of Australian criminal laws, Self, Others and the State reassesses the general assumptions made about the rise to prominence of criminal responsibility in the period since around the turn of the twentieth century. It reconsiders the role of criminal responsibility in criminal law, arguing that criminal responsibility is significant because it organises key sets of relations - between self, others and the state - as relations of responsibility. Detailed studies of decisive moments and developments since the turn of the twentieth century, and original explorations of relations of responsibility, expose the complexity and dynamism of criminal responsibility and reveal that it is the means by which matters of subjectivity, relationality and power make themselves felt in the criminal law.
Book Synopsis Anglo-American Insanity Defence Reform by : Faye Boland
Download or read book Anglo-American Insanity Defence Reform written by Faye Boland and published by Routledge. This book was released on 2018-12-12 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1999, The book examines the magnitude of the polemic surrounding each attempt to reformulate the insanity defence in the United States, England and Ireland. The book contains a critique of the McNaghten Rules, the defence of irresistible impulse, the product test of insanity, the justly responsible test, the American Law Institute’s test of insanity and the Butler Committee’s proposed revision. At the heart of the controversy surrounding each reformulation has been a medico-legal tension over the wording of the insanity defence and whether law or psychiatry’s view of insanity should prevail. The book looks at the success of the English diminished responsibility defence in abating the controversy. The result of introducing this defence has been the emergence of the legal and medical professions from a state of cold war to entente cordiale. The book explores the reasons for the diminished responsibility defence’s success in resolving the polemic over the insanity defence.
Author :California. Special Commission on Problems of Insanity Relating to Criminal Offenders--Substantive Publisher : ISBN 13 : Total Pages :112 pages Book Rating :4.3/5 (121 download)
Book Synopsis Special Commissions on Insanity and Criminal Offenders First Report, July 7, 1962 by : California. Special Commission on Problems of Insanity Relating to Criminal Offenders--Substantive
Download or read book Special Commissions on Insanity and Criminal Offenders First Report, July 7, 1962 written by California. Special Commission on Problems of Insanity Relating to Criminal Offenders--Substantive and published by . This book was released on 1962 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Constitution of the Criminal Law by : R. A. Duff
Download or read book The Constitution of the Criminal Law written by R. A. Duff and published by OUP Oxford. This book was released on 2013-01-31 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.
