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Author: Abraham S. Goldstein Publisher: Yale University Press ISBN: 9780300000993 Category : Law Languages : en Pages : 304
Book Description
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.
Author: Ellsworth Lapham Fersch Publisher: iUniverse ISBN: 0595344127 Category : Criminal liability Languages : en Pages : 268
Book Description
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: Norman J. Finkel Publisher: Springer Science & Business Media ISBN: 1461316650 Category : Psychology Languages : en Pages : 386
Book Description
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: Simon Publisher: Rowman & Littlefield ISBN: 0739130048 Category : Social Science Languages : en Pages : 255
Book Description
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: United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice Publisher: ISBN: Category : Criminal liability Languages : en Pages : 746
Author: William J. Winslade Publisher: Scribner Book Company ISBN: Category : Law Languages : en Pages : 248
Book Description
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.
Author: Jane Moriarty Publisher: Routledge ISBN: 1135729611 Category : Reference Languages : en Pages : 611
Book Description
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: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Law Publisher: ISBN: Category : Government publications Languages : en Pages : 434