The Insanity Defense And Its Alternatives
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The Insanity Defense And Its Alternatives
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Author : Ingo Keilitz
language : en
Publisher:
Release Date : 1984
The Insanity Defense And Its Alternatives written by Ingo Keilitz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Insanity (Law) categories.
The Insanity Defense
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Author : Abraham S. Goldstein
language : en
Publisher:
Release Date : 1967
The Insanity Defense written by Abraham S. Goldstein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1967 with Law categories.
For more than a century, the insanity defense has been the most passionately debated issue in criminal law, the focal point of deeply rooted conflicts as to the function of a law of crime. Unfortunately, however, the debate has been dominated by slogans and stereotypes - and by an inappropriate array of law against psychiatry, retribution against rehabilitation. The prevailing M'Naghten and "irresistible impulse" rules have been roundly condemned and a reform consensus has developed that "something" desperately needs to be done about the insanity defense. Mr. Goldstein examines the assertions about the inadequacy of the existing rules and considers what might be expected from the new rules which have been proffered. Making his examination in the context of the entire trial process, he asks what relation the legal rules bear to those aspects of the trial which give them detailed content: whether evidence of mental disorder will be admitted; how freely experts may testify; whether a defendant's case will be regarded by the judge as sufficient to allow the jury to pass upon it; and how the jurors are instructed about the defense. He demonstrates that far too much has been expected from the insanity rule, that the words of the rule are less important than the underlying processes of proof, the institutions through which they function, and the influences brought to bear from the larger culture. The layman often regards the insanity defense as a device by which the criminal avoids the consequences of his crime; but though the insanity defense speaks in terms of "acquittal," it is in reality a mechanism for preventive detention. Under existing procedures, the offender is committed to a mental hospital until he is "recovered" or no longer dangerous, or both. The specter of indefinite commitment makes the defense most unattractive to defendants and their counsel, pressing them to seek less threatening alternatives. The result is a patchwork of procedures for coping with the mentally disordered offender in an almost accidental way, a pattern very much at odds with the conventional view that the insanity defense dominates the field.
The Insanity Defense
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Author : Mark D. White
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2017-01-23
The Insanity Defense written by Mark D. White and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-23 with Law categories.
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.
Crime And Madness
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Author : Thomas Maeder
language : en
Publisher: HarperCollins Publishers
Release Date : 1985
Crime And Madness written by Thomas Maeder and has been published by HarperCollins Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Criminal liability categories.
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.
Thomas Szasz
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Author : C. V. Haldipur
language : en
Publisher: Oxford University Press
Release Date : 2019-01-24
Thomas Szasz written by C. V. Haldipur 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 2019-01-24 with Medical categories.
Thomas Szasz wrote over thirty books and several hundred articles, replete with mordant criticism of psychiatry, in both scientific and popular periodicals. His works made him arguably one of the world's most recognized psychiatrists, albeit one of the most controversial. These writings have been translated into several languages and have earned him a worldwide following. Szasz was a man of towering intellect, sweeping historical knowledge, and deep-rooted, mostly libertarian, philosophical beliefs. He wrote with a lucid and acerbic wit, but usually in a way that is accessible to general readers. His books cautioned against the indiscriminate power of psychiatry in courts and in society, and against the apparent rush to medicalize all human folly. They have spawned an eponymous ideology that has influenced, to various degrees, laws relating to mental health in several countries and states. This book critically examines the legacy of Thomas Szasz - a man who challenged the very concept of mental illness and questioned several practices of psychiatrists. The book surveys his many contributions including those in psychoanalysis, which are very often overlooked by his critics. While admiring his seminal contribution to the debate, the book will also point to some of his assertions that merit closer scrutiny. Contributors to the book are drawn from various disciplines, including Psychiatry, Philosophy and Law; and are from various countries including the United States, Canada, New Zealand, United Kingdom and the Netherlands. Some contributors knew Thomas Szasz personally and spent many hours with him discussing issues he raised in his books and articles. The book will be fascinating reading for anyone interested in matters of mental health, human rights, and ethics.
Thinking About The Insanity Defense
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Author : Ellsworth Lapham Fersch
language : en
Publisher: iUniverse
Release Date : 2005
Thinking About The Insanity Defense written by Ellsworth Lapham Fersch and has been published by iUniverse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Criminal liability categories.
Thinking About the Insanity Defense answers ninety-seven frequently asked questions and presents sixteen case examples in easily understood language. This volume provides a clear and compelling introduction to one of the most important topics in the relation between psychology and law. Compiled by members of a Harvard seminar, it directs attention to the issues most often raised by the general public and by students of social science and criminal justice. The frequently asked questions about the insanity defense address: its history and psychological aspects; the effects of different standards for determining insanity; the arguments for its retention, abolition, and revision; media and other responses to it; controversies around pre- and post-conviction commitment; and the roles of psychologists, psychiatrists, and lawyers. The case examples illustrate a variety of outcomes and include individuals who were: found not guilty by reason of insanity; found guilty even though mentally ill; and not charged because of mental illness. The extensive bibliography directs students and citizens interested in psychology, law, and criminal justice to further cases and analyses. The insanity defense is one of the most significant topics in psychoforensics. This brief and readable book is the first place to look for what most people want to know about the insanity defense.
Insanity Defense Competency To Stand Trial
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Author : National Institute of Justice (U.S.)
language : en
Publisher:
Release Date : 1986
Insanity Defense Competency To Stand Trial written by National Institute of Justice (U.S.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Capacity and disability categories.
The Insanity Defense
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Author : Richard Moran
language : en
Publisher:
Release Date : 1985
The Insanity Defense written by Richard Moran and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Criminal intent categories.
The Insanity Defense The World Over
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Author : Simon
language : en
Publisher: Rowman & Littlefield
Release Date : 2008-07-02
The Insanity Defense The World Over written by Simon and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-07-02 with Social Science categories.
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.
The Insanity Defense American Developments
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Author : Jane Moriarty
language : en
Publisher: Routledge
Release Date : 2014-04-04
The Insanity Defense American Developments written by Jane Moriarty and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-04 with Reference categories.
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.