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Author : Jane Campbell Moriarty
Publisher : Taylor & Francis
Page : 336 pages
File Size : 52,9 Mb
Release : 2001
Category : Capacity and disability
ISBN : 0815335733
First Published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.
Author : Jane Moriarty
Publisher : Routledge
Page : 611 pages
File Size : 49,8 Mb
Release : 2014-04-04
Category : Reference
ISBN : 9781135729615
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.
Author : Mark D. White
Publisher : Bloomsbury Publishing USA
Page : 466 pages
File Size : 40,6 Mb
Release : 2017-01-23
Category : Law
ISBN : 9798216102915
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.
Author : Jane Moriarty
Publisher : Routledge
Page : 655 pages
File Size : 54,5 Mb
Release : 2013-12-16
Category : Law
ISBN : 9781135729332
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.
Author : Ellsworth Lapham Fersch,Ellsworth A. Fersch
Publisher : iUniverse
Page : 268 pages
File Size : 41,7 Mb
Release : 2005
Category : Criminal liability
ISBN : 9780595344123
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.
Author : Jane Moriarty
Publisher : Routledge
Page : 384 pages
File Size : 52,9 Mb
Release : 2013-12-19
Category : Reference
ISBN : 9781135729820
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.
Author : Norman J. Finkel
Publisher : Springer Science & Business Media
Page : 386 pages
File Size : 47,6 Mb
Release : 2012-12-06
Category : Psychology
ISBN : 9781461316657
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).
Author : Thomas L. Hafemeister
Publisher : NYU Press
Page : 387 pages
File Size : 53,5 Mb
Release : 2019-02-05
Category : Psychology
ISBN : 9781479804856
The complicated relationship between defendants with mental health disorders and the criminal justice system The American criminal justice system is based on the bedrock principles of fairness and justice for all. In striving to ensure that all criminal defendants are treated equally under the law, it endeavors to handle similar cases in similar fashion, attempting to apply rules and procedures even-handedly regardless of a defendant’s social class, race, ethnicity, or gender. Yet, the criminal justice system has also recognized exceptions when special circumstances underlie a defendant’s behavior or are likely to skew the defendant’s trial. One of the most controversial set of exceptions –often poorly articulated and inconsistently applied – involves criminal defendants with a mental disorder. A series of special rules and procedures has evolved over the centuries, often without fanfare and even today with little systematic examination, that lawyers and judges apply to cases involving defendants with a mental disorder. This book provides an analysis of the key issues in this dynamic interplay between individuals with a mental disorder and the criminal justice system. The volume identifies the various stages of criminal justice proceedings when the mental status of a defendant may be relevant, associated legal and policy issues, the history and evolution of these issues, and how they are currently resolved. To assist this exploration, the text also offers an overview of mental disorders, their relevance to criminal proceedings, how forensic mental health assessments are conducted and employed during these proceedings, and their application to competency and responsibility determinations. In sum, this book provides an important resource for students and scholars with an interest in mental health, law, and criminal justice.
Author : Thomas Maeder
Publisher : HarperCollins Publishers
Page : 232 pages
File Size : 44,9 Mb
Release : 1985
Category : Law
ISBN : UOM:39015009282081
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.
Author : Sheilagh Hodgins
Publisher : SAGE Publications, Incorporated
Page : 400 pages
File Size : 47,9 Mb
Release : 1992-12-29
Category : Psychology
ISBN : 0803950233
Contributors to this volume present and discuss new data which suggest that major mental disorder substantially increases the risk of violent crime. These findings come at a crucial time, since those who suffer from mental disorders are increasingly living in the community, rather than in institutions. The book describes the magnitude and complexity of the problem and offers hope that humane, effective intervention can prevent violent crime being committed by the seriously mentally disordered.
Author : Simon,Ahn-redding
Publisher : Rowman & Littlefield
Page : 255 pages
File Size : 48,5 Mb
Release : 2008-07-02
Category : Social Science
ISBN : 9780739130049
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.
Author : Michael L. Perlin
Publisher : Routledge
Page : 234 pages
File Size : 48,9 Mb
Release : 2016-03-16
Category : Law
ISBN : 9781317187059
Examining the treatment of persons with mental disabilities in the criminal justice system, this book offers new perspectives that are crucial to an understanding of the ways in which society projects onto criminal defendants prejudices and attitudes about responsibility, free will, autonomy, choice, public safety, and the meaning and purpose of punishment, all with a focus on ways to enhance dignity in the criminal trial process. It is a detailed exploration of issues of adequacy of counsel; the impact of international human rights law, following the ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD); the role of mental health courts; and the influence of therapeutic jurisprudence, procedural justice, and restorative justice on the legal process. It considers all of these perspectives in the context of criminal justice system issues such as competency findings, the insanity defense, and sentencing. Demonstrating how the question of treatment of persons with mental disabilities in the criminal justice system is not only a vital one for both scholars and practitioners, but also a central facet of international human rights law, this book suggests policy development, further scholarly inquiries, and newly invigorated thinking and action to place dignity at the core of the criminal justice system.
Author : Harlan M. Goulett
Publisher : Unknown
Page : 250 pages
File Size : 45,8 Mb
Release : 1965
Category : Forensic psychiatry
ISBN : UOM:39015000846090
Author : David Polizzi,Matthew R. Draper
Publisher : Routledge
Page : 370 pages
File Size : 48,6 Mb
Release : 2015-10-30
Category : Psychology
ISBN : 9781317234265
Forensic psychology is where psychology meets the criminal justice system. An understanding of the intersection of criminal law and psychological issues relating to criminal responsibility is critical for criminal justice students. This accessible text focuses on the criminal law implications of forensic psychology as it relates to topics such as competency to stand trial, state of mind at the time of the crime, suicide by cop, and involuntary psychiatric medication administered in custody. Unlike more traditional texts on this topic, which are primarily concerned with the clinical practice of forensic psychology, this book focuses on critical thinking as it relates to these topics. Each chapter presents a critical analysis of the topic under study, going beyond merely identifying the legal parameters of criminal responsibility to explore the ethical, philosophical, and theoretical foundations of that concept.
Author : William J. Winslade,Judith Wilson Ross
Publisher : Scribner Book Company
Page : 248 pages
File Size : 48,5 Mb
Release : 1983
Category : Law
ISBN : STANFORD:36105004506312
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.