Automatism Insanity And The Psychology Of Criminal Responsibility
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Automatism Insanity And The Psychology Of Criminal Responsibility
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Author : Robert F. Schopp
language : en
Publisher: Cambridge University Press
Release Date : 1991-07-26
Automatism Insanity And The Psychology Of Criminal Responsibility written by Robert F. Schopp and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-07-26 with Law categories.
This is a book about the role that psychological impairment should play in a theory of criminal liability. Criminal guilt in the Anglo-American legal tradition requires both that the defendant committed some proscribed act and did so with intent, knowledge, or recklessness. The second requirement corresponds to the intuitive idea that people should not be punished for something they did not do "on purpose" or if they "did not realize what they were doing." Although intuitive, this underlying idea can be highly controversial in practice, especially in cases involving the insanity defense. This important new book addresses the conceptual and moral foundations of these issues. Unlike many previous works in this area, it addresses the automatism and insanity defenses by examining the types of functional impairment that typical candidates for these defenses actually suffer. What emerges is a much wider conceptual framework that allows us to understand the significance of psychological states and processes for the attribution of criminal responsibility in a manner that is logically coherent, morally defensible, and consistent with research in psychopathology.
Mental State Defences In Criminal Law
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Author : Steven Yannoulidis
language : en
Publisher: Routledge
Release Date : 2016-04-22
Mental State Defences In Criminal Law written by Steven Yannoulidis and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Social Science categories.
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
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Author : Donald H. J. Hermann
language : en
Publisher: Charles C. Thomas Publisher
Release Date : 1983
The Insanity Defense written by Donald H. J. Hermann and has been published by Charles C. Thomas Publisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Law categories.
Insanity Automatism And Criminal Responsibility Microform Towards A New Defence Of Mental Impairment
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Author : Bernadette McSherry
language : en
Publisher: National Library of Canada = Bibliothèque nationale du Canada
Release Date : 1996
Insanity Automatism And Criminal Responsibility Microform Towards A New Defence Of Mental Impairment written by Bernadette McSherry and has been published by National Library of Canada = Bibliothèque nationale du Canada this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Criminal liability categories.
Automatism As A Defence
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Author : John Rumbold
language : en
Publisher: Routledge
Release Date : 2018-09-20
Automatism As A Defence written by John Rumbold and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-20 with Health & Fitness categories.
Automatism is a notoriously difficult subject for law students, lawyers and judges. This book explores the science and medicine of sleep disorders and examines how the criminal process deals with such disorders when presented as a defence. It systematically examines the legal doctrines involved, and their implications for the use of the evidence key to establishing automatism, while also exploring the medical conditions that can cause automatism (particularly epilepsy, sleepwalking and diabetes). This book is a valuable resource for law students, lawyers, judges and expert witnesses.
Fundamentals Of Forensic Practice
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Author : Richard Rogers
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-04-07
Fundamentals Of Forensic Practice written by Richard Rogers and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-04-07 with Psychology categories.
Forensic psychologists and psychiatrists are increasingly asked to provide expertise to courts and attorneys in the criminal justice system. To do so effectively, they must stay abreast of important advances in the understanding of legal standards as well as new developments in sophisticated measures and the methods for their assessment. Fundamentals of Forensic Practice is designed to address the critical issues that are faced by mental health experts in their role of conducting assessments, presenting findings, and preparing for challenges to admissibility and credibility. Uniquely practical and comprehensive, this volume operationalizes legal standards and describes empirically validated methods for their evaluation. Not only is this essential for mental health professionals, but it is equally valuable to criminal attorneys. Lawyers require both clinical knowledge and understanding of legal standards in order to prepare their own experts and to challenge those on the opposing side. For both clinical and legal experts Fundamentals of Forensic Practice offers a full view of all phases of criminal proceedings: - Pretrial—diversion, determinations of bail, waivers of Miranda rights, and the capacity to consent to searches. - Trial—competency to stand trial and criminal responsibility. Beyond insanity, the latter addresses mens rea, automatism, and psychological context evidence, such as battered-woman syndrome. - Post-trial—sentencing, capital sentencing, competency to be executed, and other post-conviction issues. Other key features include: - Chapters on specific criminal issues in a consistent format, with comprehensive coverage of legal standards and relevant clinical methods - Guidelines for conducting more effective forensic evaluations - In-depth coverage of specialized assessments, eg. malingering, sexual predator cases, and the insanity defense. - A detailed overview of direct and cross-examination strategies This book is the second collaboration between Rogers and Shuman. As individual authors, each received the American Psychiatric Association’s prestigious Guttmacher Award for their outstanding contributions to forensic psychiatry.
The Matrix Of Insanity In Modern Criminal Law
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Author : Gabriel Hallevy
language : en
Publisher: Springer
Release Date : 2015-06-30
The Matrix Of Insanity In Modern Criminal Law written by Gabriel Hallevy and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-30 with Law categories.
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.
Manifest Madness
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Author : Arlie Loughnan
language : en
Publisher: Oxford University Press
Release Date : 2012-04-19
Manifest Madness written by Arlie Loughnan and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-19 with Law categories.
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.
Self Made Madness
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Author : Edward W. Mitchell
language : en
Publisher: Routledge
Release Date : 2017-09-08
Self Made Madness written by Edward W. Mitchell and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-08 with Law categories.
This multi-disciplinary book lies in the general areas of forensic psychiatry/psychology, sociology, jurisprudence, criminal law and criminology. It questions traditional assumptions about illness and mental disorder, and deals with the controversial notion that mental disorders (and possibly other 'illnesses') may be to varying extents the fault of the 'sufferer'. It examines how the law can take into account such 'culpable' notions of mental disorder in determining criminal responsibility. This culpability for the defense-causing condition (or 'responsibility for level of criminal responsibility') is called 'meta-responsibility'. The book is divided into two parts. The first section discusses theoretical issues, such as the manner in which traditional illness models relate to meta-responsibility; the insanity defence and other mental condition defences; the relationship of clinical issues such as medication non-compliance and insight to meta-responsibility and the counterfactual notion that consideration of the possible voluntary origins of mental disorder may benefit the criminal and non-criminal mentally disordered. The second section of the book presents a case vignette experiment of mock jurors, examining the effect of a 'meta-responsibility insanity test'.
The Insanity Defense
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Author : Za_uski, Wojciech
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-11-05
The Insanity Defense written by Za_uski, Wojciech and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-05 with Law categories.
This unique book provides a versatile exploration of the philosophical foundations of the insanity defense. It examines the connections between numerous philosophicalÐanthropological views and analyses different methods for regulating the criminal responsibility of the mentally ill. Placing its philosophical analysis firmly in the context of science, it draws on the fields of cognitive psychology, evolutionary theory and criminology. In this thought-provoking book, Wojciech Za_uski argues that the way in which we resolve the problem of the criminal responsibility of the mentally ill depends on two factors: the assumed conception of responsibility and the account of mental illness.