Jury And The Defense Of Insanity

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Jury and the Defense of Insanity

Author : Rita J. Simon
Publisher : Routledge
Page : 280 pages
File Size : 49,8 Mb
Release : 2018-01-16
Category : Law
ISBN : 9781351309707

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Jury and the Defense of Insanity by Rita J. Simon Pdf

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 recordnot a description or recollected accountof 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.

The Insanity Defense

Author : Abraham S. Goldstein
Publisher : Yale University Press
Page : 304 pages
File Size : 47,6 Mb
Release : 1967-01-28
Category : Law
ISBN : 0300000995

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The Insanity Defense by Abraham S. Goldstein Pdf

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.

Jury and the Defense of Insanity

Author : Rita James Simon
Publisher : Transaction Pub
Page : 269 pages
File Size : 41,8 Mb
Release : 1967
Category : Law
ISBN : 0765804476

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Jury and the Defense of Insanity by Rita James Simon Pdf

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 understand­ing 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 con­ducted 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 de­fense 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 delibera­tions; 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 in­sights 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.

Insanity on Trial

Author : Norman J. Finkel
Publisher : Springer Science & Business Media
Page : 386 pages
File Size : 44,5 Mb
Release : 2012-12-06
Category : Psychology
ISBN : 9781461316657

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Insanity on Trial by Norman J. Finkel Pdf

The insanity defense debate has come full circle, again. The current round began when John Hinckley opened fire; in 1843, it was Daniel M'Naghten who pulled the trigger; the "acts" of both would-be "insanity acquittees" provoked the press, the populace, a President, and a Queen to expressions of outrage, and triggered Congress, the House of Lords, judges, jurists, psychologists, and psychiatrists to debate this most maddening matter. "Insanity" -which has historically been surrounded by defenses, defen ders, and detractors-found itself once again under siege, on trial, and undergoing rigorous cross-examination. Treatises were written on the sub ject, testimony was taken, and new rules and laws were adopted. The dust has settled, but it has not cleared. What is clear to me is that we have got it wrong, once again. The "full circle" analogy and historical parallel to M'Naghten (1843) warrant some elaboration. Hinckley's firing at the President, captured by television and rerun again and again, rekindled an old debate regarding the allegedly insane and punishment (Caplan, 1984; Maeder, 1985; Szasz, 1987), a debate in which the "insanity defense" is centrally situated. The smolderings ignited anew when the Hinckley (1981) jury brought in its verdict-"not guilty by reason of insanity" (NGRI).

The Insanity Defense

Author : Abraham S. Goldstein
Publisher : Unknown
Page : 308 pages
File Size : 49,6 Mb
Release : 1967
Category : Law
ISBN : UOM:39015002431792

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The Insanity Defense by Abraham S. Goldstein Pdf

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.

Thinking about the Insanity Defense

Author : Ellsworth Lapham Fersch,Ellsworth A. Fersch
Publisher : iUniverse
Page : 268 pages
File Size : 51,6 Mb
Release : 2005
Category : Criminal liability
ISBN : 9780595344123

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Thinking about the Insanity Defense by Ellsworth Lapham Fersch,Ellsworth A. Fersch Pdf

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.

The Jurisprudence of the Insanity Defense

Author : Michael L. Perlin
Publisher : Unknown
Page : 482 pages
File Size : 51,6 Mb
Release : 1994
Category : Law
ISBN : STANFORD:36105060067688

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The Jurisprudence of the Insanity Defense by Michael L. Perlin Pdf

The Insanity Defense

Author : Donald H. J. Hermann
Publisher : Charles C. Thomas Publisher
Page : 206 pages
File Size : 53,5 Mb
Release : 1983
Category : Law
ISBN : UOM:39015004002328

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The Insanity Defense by Donald H. J. Hermann Pdf

The Insanity Plea

Author : William J. Winslade,Judith Wilson Ross
Publisher : Scribner Book Company
Page : 248 pages
File Size : 53,6 Mb
Release : 1983
Category : Law
ISBN : STANFORD:36105004506312

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The Insanity Plea by William J. Winslade,Judith Wilson Ross Pdf

Two experts on law and psychiatry examine the insanity defense and the role of the psychiatrist in the court- room, reviewing seven cases of murder and attempted mur- der, and offer recommedations for change.

The Insanity Defense the World Over

Author : Simon,Ahn-redding
Publisher : Rowman & Littlefield
Page : 255 pages
File Size : 42,8 Mb
Release : 2008-07-02
Category : Social Science
ISBN : 9780739130049

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The Insanity Defense the World Over by Simon,Ahn-redding Pdf

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

Author : Richard Moran
Publisher : Unknown
Page : 204 pages
File Size : 48,5 Mb
Release : 1985
Category : Criminal intent
ISBN : UVA:X004263185

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The Insanity Defense by Richard Moran Pdf

Jury Selection

Author : Margaret Bull Kovera,Brian L. Cutler
Publisher : Oxford University Press
Page : 264 pages
File Size : 42,7 Mb
Release : 2012-11-29
Category : Law
ISBN : 9780195323016

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Jury Selection by Margaret Bull Kovera,Brian L. Cutler Pdf

Jury selection is the process by which attorneys remove people from the jury pool whom they judge to be undesirable, presumably because they fear that the potential juror would be biased against their side. In this book, the authors review the law governing attorneys' decisions to remove potential jurors from jury service, including laws prohibiting the systematic removal of particular categories of people from the jury.

Beating the Insanity Defense

Author : David M. Nissman,Brian R. Barnes,Geoffrey P. Alpert
Publisher : Free Press
Page : 179 pages
File Size : 40,6 Mb
Release : 1980-01-01
Category : Aliénation mentale - Oregon - Législation
ISBN : 0669039438

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Beating the Insanity Defense by David M. Nissman,Brian R. Barnes,Geoffrey P. Alpert Pdf

The Insanity Defense and the Trial of John W. Hinckley, Jr

Author : Lincoln Caplan
Publisher : David R. Godine Publisher
Page : 152 pages
File Size : 40,9 Mb
Release : 1984
Category : Law
ISBN : STANFORD:36105037666224

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The Insanity Defense and the Trial of John W. Hinckley, Jr by Lincoln Caplan Pdf

This book, published in 1984, tells of the insanity defense in English and American law and of the trial of John Hinckley, Jr., in 1982 for the shooting of Reagan and three others on 30 Mar 1981. Recounts the proceedings of Hinckley's trial for the attempted assassination of President Reagan, traces the history of the insanity plea, and argues for the continued use of that defense.

Crime and Madness

Author : Thomas Maeder
Publisher : HarperCollins Publishers
Page : 232 pages
File Size : 53,9 Mb
Release : 1985
Category : Law
ISBN : UOM:39015009282081

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Crime and Madness by Thomas Maeder Pdf

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.