Automatism As A Defence

Author : John Rumbold
Publisher : Routledge
Page : 178 pages
File Size : 49,8 Mb
Release : 2018-09-20
Category : Health & Fitness
ISBN : 9781351787826

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Automatism as a Defence by John Rumbold Pdf

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.

Author : John Rumbold
Publisher : Unknown
Page : 128 pages
File Size : 54,8 Mb
Release : 2018
Category : LAW
ISBN : 1315203375

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Automatism as a Defence in Criminal Law by John Rumbold Pdf

Author : Steven Yannoulidis
Publisher : Routledge
Page : 248 pages
File Size : 55,7 Mb
Release : 2016-04-22
Category : Social Science
ISBN : 9781317097303

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Mental State Defences in Criminal Law by Steven Yannoulidis Pdf

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.

Author : Robert F. Schopp
Publisher : Cambridge University Press
Page : 291 pages
File Size : 51,8 Mb
Release : 1991-07-26
Category : Law
ISBN : 9780521401500

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Automatism, Insanity, and the Psychology of Criminal Responsibility by Robert F. Schopp Pdf

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.

Author : New South Wales. Law Reform Commission
Publisher : Unknown
Page : 294 pages
File Size : 45,5 Mb
Release : 2003
Category : Family violence
ISBN : STANFORD:36105063265248

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Apprehended Violence Orders by New South Wales. Law Reform Commission Pdf

Author : Alan Reed,Ben Livings,Chris Ashford
Publisher : Cambridge Scholars Publishing
Page : 450 pages
File Size : 50,8 Mb
Release : 2015-02-27
Category : Law
ISBN : 9781443875691

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Mental Condition Defences and the Criminal Justice System by Alan Reed,Ben Livings,Chris Ashford Pdf

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.

Author : Great Britain. Law Commission
Publisher : The Stationery Office
Page : 144 pages
File Size : 48,8 Mb
Release : 2009
Category : Business & Economics
ISBN : 0101752628

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Intoxication and Criminal Liability by Great Britain. Law Commission Pdf

This report address the issue of intoxication from alcohol or other drugs and its bearing on the criminal liability, if any, of a person charged with an offence, whether it is alleged that the defendent committed the offence or that he/she took a secondary role in the commission by assisting or encouraging a perpetrator. The focus, in particular, is the extent to which voluntary intoxication should be available to support a 'defence' based on absence of fault.

Author : Callwood, June
Publisher : CNIB
Page : 128 pages
File Size : 48,7 Mb
Release : 1993
Category : Sleepwalking
ISBN : OCLC:59865802

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The Sleepwalker [braille] by Callwood, June Pdf

Author : Mariana Valverde
Publisher : Cambridge University Press
Page : 272 pages
File Size : 47,9 Mb
Release : 1998-10-28
Category : Law
ISBN : 0521644690

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Diseases of the Will by Mariana Valverde Pdf

A history of the pleasures and dangers of alcoholic beverages, exploring ideas of free will versus determinism.

Author : James Fitzjames Stephen
Publisher : Unknown
Page : 540 pages
File Size : 51,5 Mb
Release : 1863
Category : Criminal law
ISBN : OXFORD:N11307029

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A General View of the Criminal Law of England by James Fitzjames Stephen Pdf

Author : Kenneth J. Weiss,Clarence Watson
Publisher : Oxford University Press, USA
Page : 209 pages
File Size : 44,5 Mb
Release : 2015
Category : Law
ISBN : 9780199346592

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Psychiatric Expert Testimony by Kenneth J. Weiss,Clarence Watson Pdf

This is a resource for practitioners intending to introduce cutting-edge science into analyses of mental state, in criminal and civil proceedings. It provides a practical treatment of the science behind human development and the uses of technology as they enter the courtroom.

Author : R. D. Mackay
Publisher : Oxford University Press on Demand
Page : 252 pages
File Size : 51,8 Mb
Release : 1995
Category : Law
ISBN : 0198259956

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Mental Condition Defences in the Criminal Law by R. D. Mackay Pdf

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.

Author : Morris Manning,Peter Sankoff
Publisher : Unknown
Page : 1466 pages
File Size : 42,8 Mb
Release : 2015
Category : Criminal law
ISBN : 0433475625

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Manning, Mewett and Sankoff by Morris Manning,Peter Sankoff Pdf

Author : Arlie Loughnan
Publisher : Oxford University Press
Page : 307 pages
File Size : 42,8 Mb
Release : 2012-04-19
Category : Law
ISBN : 9780199698592

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Manifest Madness by Arlie Loughnan Pdf

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.

Author : Charles L. Scott
Publisher : Oxford University Press, USA
Page : 305 pages
File Size : 53,9 Mb
Release : 2015
Category : Medical
ISBN : 9780199368464

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DSM-5 and the Law by Charles L. Scott Pdf

Resource added for the Paralegal program 101101.