Madness and the Criminal Law PDF Download
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Author: Norval Morris
Publisher:
ISBN: 9780226539072
Category : Law
Languages : en
Pages : 235
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Book Description
Discusses the criminal responsibility of the mentally ill, looks at involuntary conduct, and argues that mental illness should affect sentencing, but not determine guilt or innocence
Author: Norval Morris
Publisher:
ISBN: 9780226539072
Category : Law
Languages : en
Pages : 235
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Book Description
Discusses the criminal responsibility of the mentally ill, looks at involuntary conduct, and argues that mental illness should affect sentencing, but not determine guilt or innocence
Author: Arlie Loughnan
Publisher: Oxford University Press, USA
ISBN: 0199698597
Category : Law
Languages : en
Pages : 307
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Book Description
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 Patrick Ewing
Publisher: Oxford University Press
ISBN: 0198043694
Category : Psychology
Languages : en
Pages : 215
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Book Description
The insanity defense is one of the oldest fixtures of the Anglo-American legal tradition. Though it is available to people charged with virtually any crime, and is often employed without controversy, homicide defendants who raise the insanity defense are often viewed by the public and even the legal system as trying to get away with murder. Often it seems that legal result of an insanity defense is unpredictable, and is determined not by the defendants mental state, but by their lawyers and psychologists influence. From the thousands of murder cases in which defendants have claimed insanity, Doctor Ewing has chosen ten of the most influential and widely varied. Some were successful in their insanity plea, while others were rejected. Some of the defendants remain household names years after the fact, like Jack Ruby, while others were never nationally publicized. Regardless of the circumstances, each case considered here was extremely controversial, hotly contested, and relied heavily on lengthy testimony by expert psychologists and psychiatrists. Several of them played a major role in shaping the criminal justice system as we know it today. In this book, Ewing skillfully conveys the psychological and legal drama of each case, while providing important and fresh professional insights. For the legal or psychological professional, as well as the interested reader, Insanity will take you into the minds of some of the most incomprehensible murderers of our age.
Author: Edward W. Mitchell
Publisher: Routledge
ISBN: 1351901214
Category : Law
Languages : en
Pages : 292
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Book Description
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'.
Author: Austin Sarat
Publisher: University of Michigan Press
ISBN: 0472022091
Category : Law
Languages : en
Pages : 185
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Book Description
DIVA provocative collection of essays that reveals how the law takes its definition from what it excludes /div
Author: Catherine L. Evans
Publisher: Yale University Press
ISBN: 0300242743
Category : Law
Languages : en
Pages : 299
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Book Description
A study of the internal tensions of British imperial rule told through murder and insanity trials Unsound Empire is a history of criminal responsibility in the nineteenth-century British Empire told through detailed accounts of homicide cases across three continents. If a defendant in a murder trial was going to hang, he or she had to deserve it. Establishing the mental element of guilt--criminal responsibility--transformed state violence into law. And yet, to the consternation of officials in Britain and beyond, experts in new scientific fields posited that insanity was widespread and growing, and evolutionary theories suggested that wide swaths of humanity lacked the self-control and understanding that common law demanded. Could it be fair to punish mentally ill or allegedly "uncivilized" people? Could British civilization survive if killers avoided the noose?
Author: Philip Bean
Publisher: Routledge
ISBN: 1134036264
Category : Social Science
Languages : en
Pages : 174
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Book Description
This book provides an authoritative and highly readable review of the relationship between madness and crime by one of the leading authorities in the field. The book is divided into four parts, each essay focusing on selected features of madness which have relevance to contemporary society. Part 1 is about madness itself, exploring three main models − cognitive, statistical, and emotional. Part 2 is a short discussion on madness, genius and creativity. Part 3 is about the much neglected area of compulsion, an issue that has largely disappeared from public debate. The mad may have moved from victim to violator, yet fundamental questions remain − in particular how to justify compulsory detention, and who should undertake the process? The answers to these questions have sociological, ethical and jurisprudential elements, and cannot just re resolved by reference to medical authorities. Part 4 is about the links between madness and crime − focusing less on the question and nature of criminal responsibility and the various defences that go with this, more on the links between madness and crime and which particular crimes are linked with which types of disorder.
Author: Michael Tonry
Publisher: Oxford University Press
ISBN: 9780198036593
Category : Social Science
Languages : en
Pages : 280
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Book Description
The imprisonment rate in America has grown by a factor of five since 1972. In that time, punishment policies have toughened, compassion for prisoners has diminished, and prisons have gotten worse-a stark contrast to the origins of the prison 200 years ago as a humanitarian reform, a substitute for capital and corporal punishment and banishment. So what went wrong? How can prisons be made simultaneously more effective and more humane? Who should be sent there in the first place? What should happen to them while they are inside? When, how, and under what conditions should they be released? The Future of Imprisonment unites some of the leading prisons and penal policy scholars of our time to address these fundamental questions. Inspired by the work of Norval Morris, the contributors look back to the past twenty-five years of penal policy in an effort to look forward to the prison's twenty-first century future. Their essays examine the effects of current high levels of imprisonment on urban neighborhoods and the people who live in them. They reveal how current policies came to be as they are and explain the theories of punishment that guide imprisonment decisions. Finally, the contributors argue for the strategic importance of controls on punishment including imprisonment as a limit on government power; chart the rise and fall of efforts to improve conditions inside; analyze the theory and practice of prison release; and evaluate the tricky science of predicting and preventing recidivism. A definitive guide to imprisonment policies for the future, this volume convincingly demonstrates how we can prevent crime more effectively at lower economic and human cost.
Author: Thomas Maeder
Publisher: HarperCollins Publishers
ISBN:
Category : Law
Languages : en
Pages : 232
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Book Description
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: Toby Seddon
Publisher: Routledge
ISBN: 1135308438
Category : Law
Languages : en
Pages : 247
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Book Description
The focus of this book is on the government of prisoners with mental health problems in England and Wales over the last twenty-five years. The wider context and backdrop to the book is the shift to 'late modernity', which, since the 1970s has seen massive structural change in most Western societies, affecting the social, economic and cultural spheres, as well as the field of crime and punishment. This book investigates whether these profound transformations have also led to a reconfiguring of responses to mentally vulnerable offenders who end up in prison. Specifically, it explores how this group of prisoners has come to be viewed increasingly as sources of 'risk', requiring 'management' or containment, rather than as people suitable for therapeutic responses. The book draws on primary research carried out by the author, including interviews with key informants involved in the field during this period, such as former cabinet ministers, senior civil servants, campaigners and academics. In conducting this investigation, the author has developed a method of research which combines and synthesizes different forms of analysis to create a novel approach to socio-historical research.
