Mental Condition Defences and the Criminal Justice System

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Author :
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443875694
Total Pages : 450 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Mental Condition Defences and the Criminal Justice System by : Alan Reed

Download or read book Mental Condition Defences and the Criminal Justice System written by Alan Reed and published by Cambridge Scholars Publishing. This book was released on 2015-02-27 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal law has struggled to keep pace with developments in psychiatry, both in substantive and procedural terms, and it is widely recognised that increased inter-disciplinary discussion of mental condition defences is required in order to address this gap between the law and psychiatry. This edited collection comes at a time of review of this sensitive area of criminal law. The Law Commission for England and Wales recently placed its evaluation of insanity, automatism and intoxication on hold, while it considers the law on unfitness to plead. These reviews are set against the backdrop of earlier Law Commission reports on partial defences to murder which informed significant changes that were made to the law in this area under sections 52–56 of the Coroners and Justice Act 2009. Recent developments in case law in this substantive area illustrate not only the importance of the role of the medical expert, but also that reform in this area is informed by ongoing inter-disciplinary research. This collection brings together medical and legal conceptions of mental disorder in order to appraise the operation of mental condition defences. In this respect, it provides invaluable and original insights into mental condition defences and criminal law.

Mental Condition Defences in the Criminal Law

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Author :
Publisher : Oxford University Press on Demand
ISBN 13 : 9780198259954
Total Pages : 252 pages
Book Rating : 4.2/5 (599 download)

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Book Synopsis Mental Condition Defences in the Criminal Law by : R. D. Mackay

Download or read book Mental Condition Defences in the Criminal Law written by R. D. Mackay and published by Oxford University Press on Demand. This book was released on 1995 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mental condition defences have been used in several high profile and controversial criminal trials in recent years. Indeed, mental abnormality is increasingly an important yet complex course of defence within the criminal trial process. In this timely study, Professor Mackay offers a detailed critical analysis of these defences within the Criminal Law where the accused relies on some form of mental abnormality as a source of defence/negotiation. Topics covered include the defences of automatism, insanity, diminished responsibility and infanticide; self-induced incapacity and the doctrine of fault. It also includes a chapter on unfitness to plead, which although not a defence has been included because of its important relationship to mental disorder within the criminal process. Drawing upon a wide variety of legal, psychiatric and philosophical sources, this is a timely contribution to a controversial and complex topic.

The Insanity Defense

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Author :
Publisher : Yale University Press
ISBN 13 : 9780300000993
Total Pages : 304 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis The Insanity Defense by : Abraham S. Goldstein

Download or read book The Insanity Defense written by Abraham S. Goldstein and published by Yale University Press. This book was released on 1967-01-28 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The insanity defense has become the most passionately debated issue in criminal law, a debate marked by slogans and stereotypes. Mr. Goldstein offers a reasoned study of that debate and the current rules behind the law, as well as a careful examination of what might be expected from any new rules now proposed.

Mental State Defences in Criminal Law

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Author :
Publisher : Routledge
ISBN 13 : 1317097300
Total Pages : 249 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Mental State Defences in Criminal Law by : Steven Yannoulidis

Download or read book Mental State Defences in Criminal Law written by Steven Yannoulidis and published by Routledge. This book was released on 2016-04-22 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: By defining appropriate boundaries for the defence of insanity and the doctrine of automatism, this book presents a consistent and principled approach to the reform of mental state defences. In particular, by undertaking an interdisciplinary analysis of the various factors that inform these defences the book concludes with several practical and robust reform proposals There are three objectives that underpin the suggested reform proposals. First, to ensure that an accused will be able to raise a defence of insanity for involuntary conduct arising from mental disorder even where he or she is aware of the nature and quality of such conduct. Second, to provide principled means by which to establish the criminal responsibility of an accused for conduct performed in a state of drug-induced psychosis. Third, to ensure that criminal conduct arising from a state of ’impaired consciousness’ does not automatically result in the outright acquittal of an accused. In articulating the competing demands that must be balanced in order to secure a principled approach to the reform of mental state defences the book will be of relevance to all common law countries.

The Insanity Defense: American Developments

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Author :
Publisher : Routledge
ISBN 13 : 1135729549
Total Pages : 324 pages
Book Rating : 4.1/5 (357 download)

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Book Synopsis The Insanity Defense: American Developments by : Jane Moriarty

Download or read book The Insanity Defense: American Developments written by Jane Moriarty and published by Routledge. This book was released on 2014-04-04 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether the accused is competent to stand trial, whether the plaintiff is competent to accuse, or whether a witness is competent to testify has had a long legal history. Such questions draw legal reasoning into areas of ethical reflection and scientific debate deeply rooted in the moral history of the United States. Mental competence has come to play a central and controversial role in proving guilt, and in evaluating the severity of a crime and its corresponding punishment. This compendium brings together the major legal precedents and legal commentaries that have defined the role of mental illness in criminal trials throughout U.S. history. The reprint collection considers, among other issues, the evolution of the Supreme Court's position on the insanity defense and mental retardation, how these affect one's competency to stand trial or be executed, and how these affect culpability and punishment. Each volume begins with an introductory essay, and includes both cases and commentary. Scholars as well as students will find these volumes a useful research tool.

The Role of Mental Illness in Criminal Trials: The insanity defense

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Author :
Publisher : Taylor & Francis
ISBN 13 : 9780815335733
Total Pages : 336 pages
Book Rating : 4.3/5 (357 download)

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Book Synopsis The Role of Mental Illness in Criminal Trials: The insanity defense by : Jane Campbell Moriarty

Download or read book The Role of Mental Illness in Criminal Trials: The insanity defense written by Jane Campbell Moriarty and published by Taylor & Francis. This book was released on 2001 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

The Insanity Defence

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192597191
Total Pages : 417 pages
Book Rating : 4.1/5 (925 download)

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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.

Mental State Defences in Criminal Law

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Author :
Publisher : Routledge
ISBN 13 : 1317097297
Total Pages : 277 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Mental State Defences in Criminal Law by : Steven Yannoulidis

Download or read book Mental State Defences in Criminal Law written by Steven Yannoulidis and published by Routledge. This book was released on 2016-04-22 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: By defining appropriate boundaries for the defence of insanity and the doctrine of automatism, this book presents a consistent and principled approach to the reform of mental state defences. In particular, by undertaking an interdisciplinary analysis of the various factors that inform these defences the book concludes with several practical and robust reform proposals There are three objectives that underpin the suggested reform proposals. First, to ensure that an accused will be able to raise a defence of insanity for involuntary conduct arising from mental disorder even where he or she is aware of the nature and quality of such conduct. Second, to provide principled means by which to establish the criminal responsibility of an accused for conduct performed in a state of drug-induced psychosis. Third, to ensure that criminal conduct arising from a state of ’impaired consciousness’ does not automatically result in the outright acquittal of an accused. In articulating the competing demands that must be balanced in order to secure a principled approach to the reform of mental state defences the book will be of relevance to all common law countries.

The Matrix of Insanity in Modern Criminal Law

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Author :
Publisher : Springer
ISBN 13 : 3319205978
Total Pages : 212 pages
Book Rating : 4.3/5 (192 download)

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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 212 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.

Mental Disorder and the Criminal Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 738 pages
Book Rating : 4.:/5 (41 download)

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Book Synopsis Mental Disorder and the Criminal Law by : Sheldon Glueck

Download or read book Mental Disorder and the Criminal Law written by Sheldon Glueck and published by . This book was released on 1925 with total page 738 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Criminal Mental Health and Disability Law, Evidence and Testimony

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Author :
Publisher : American Bar Association
ISBN 13 : 9781604423419
Total Pages : 488 pages
Book Rating : 4.4/5 (234 download)

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Book Synopsis Criminal Mental Health and Disability Law, Evidence and Testimony by : John Parry

Download or read book Criminal Mental Health and Disability Law, Evidence and Testimony written by John Parry and published by American Bar Association. This book was released on 2009 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Manifest Madness

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0199698597
Total Pages : 307 pages
Book Rating : 4.1/5 (996 download)

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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, USA. 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.

The Insanity Defense

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Publisher :
ISBN 13 :
Total Pages : 136 pages
Book Rating : 4.:/5 (41 download)

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Book Synopsis The Insanity Defense by : Rudolph Joseph Gerber

Download or read book The Insanity Defense written by Rudolph Joseph Gerber and published by . This book was released on 1984 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Insanity Defense the World Over

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Author :
Publisher : Rowman & Littlefield
ISBN 13 : 0739130048
Total Pages : 255 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis The Insanity Defense the World Over by : Simon

Download or read book The Insanity Defense the World Over written by Simon and published by Rowman & Littlefield. This book was released on 2008-07-02 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Defense of Insanity, The World Over is the 10th in a series of books that examines and compares social issues or social problems from an explicitly comparative perspective. This volume examines and compares the criteria and procedures surrounding the defense of insanity across twenty-two countries. In addition to the criteria for each of the countries, Simon and Ahn-Redding report the burden of proof; whether this burden is on the side of the defense or the prosecution; the degree, beyond a reasonable doubt or by a preponderance of the evidence; the form the verdict takes; who typically decides, a judge or a jury; what role experts play in the proceedings; and what happens to the defendant if he or she is found not guilty by reason of insanity. The Defense of Insanity, The World Over provides a history of the defense of insanity going as far back as ancient Greek and Roman societies including the development of the defense in modern legal codes beginning with the British criteria in 1265. This one-of-a-kind study also looks at how the defense of insanity is treated in Jewish and Islamic law. Simon and Ahn-Redding have crafted an expert study that will appeal to scholar of sociology, criminal justice, and international studies.

Disorder in the Court

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Author :
Publisher : University of Alabama Press
ISBN 13 : 0817319727
Total Pages : 208 pages
Book Rating : 4.8/5 (173 download)

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Book Synopsis Disorder in the Court by : Andrea L. Alden

Download or read book Disorder in the Court written by Andrea L. Alden and published by University of Alabama Press. This book was released on 2018-08-21 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both expert and lay audiences have struggled to understand and apply commonplace definitions of sanity, and the portrayal of the insanity defense in popular culture has only served to further frustrate such understandings. Andrea L. Alden argues that the problems with understanding the insanity defense are, at their foundation, rhetorical. The legal concept of what constitutes insanity and, therefore, an abdication of responsibility for one's actions does not map neatly onto the mental health professions' understandings of mental illness and how that affects an individual's ability to understand or control his or her actions. Additionally, there are multiple layers of persuasion involved in any effort to convince a judge, jury--or a public, for that matter--that a defendant is or is not responsible for his or her actions at a particular moment in time. Alden examines landmark court cases such as the trial of Daniel McNaughtan, Durham v.

Mental Disability and the Criminal Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Mental Disability and the Criminal Law by : Arthur R. Matthews

Download or read book Mental Disability and the Criminal Law written by Arthur R. Matthews and published by . This book was released on 1970 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Mental Illness and Criminal Defenses of Excuse in Contemporary American Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 164 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Mental Illness and Criminal Defenses of Excuse in Contemporary American Law by : Henry F. Fradella

Download or read book Mental Illness and Criminal Defenses of Excuse in Contemporary American Law written by Henry F. Fradella and published by . This book was released on 2007 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: A monograph that traces the development of defenses of excuse from their English Common Law roots to their various modern formulations under US Law. It includes an analysis of the historical evolution of the insanity defense, the diminished capacity/responsibility doctrines and related criminal defenses of excuse based on mental illness.