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Automatism, Insanity, and the Psychology of Criminal Responsibility

Automatism, Insanity, and the Psychology of Criminal Responsibility
Author: Robert F. Schopp
Publisher: Cambridge University Press
Total Pages: 291
Release: 1991-07-26
Genre: Law
ISBN: 052140150X

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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.


The Insanity Defense

The Insanity Defense
Author: Donald H. J. Hermann
Publisher: Charles C. Thomas Publisher
Total Pages: 206
Release: 1983
Genre: Law
ISBN:

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Mental State Defences in Criminal Law

Mental State Defences in Criminal Law
Author: Steven Yannoulidis
Publisher: Routledge
Total Pages: 249
Release: 2016-04-22
Genre: Social Science
ISBN: 1317097300

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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.


Automatism as a Defence

Automatism as a Defence
Author: John Rumbold
Publisher: Routledge
Total Pages: 178
Release: 2018-09-20
Genre: Health & Fitness
ISBN: 1351787829

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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.


The Meaning of Criminal Insanity

The Meaning of Criminal Insanity
Author: Herbert Fingarette
Publisher: Univ of California Press
Total Pages: 282
Release: 2022-09-23
Genre: Law
ISBN: 0520347099

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This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1972.


Legal Insanity and the Brain

Legal Insanity and the Brain
Author: Sofia Moratti
Publisher: Bloomsbury Publishing
Total Pages: 368
Release: 2016-10-20
Genre: Law
ISBN: 1509902333

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This landmark publication offers a unique comparative and interdisciplinary study of criminal insanity and neuroscience. Criminal law theories and ideologies which underpin the regulation of criminal insanity have always been the subject of controversy. The history of criminal insanity is characterised by conceptual and empirical tension between two disciplinary realms: the law and the mind sciences. The authors in this anthology explore in depth the state of the art of legal insanity and the numerous intricate, fascinating, pioneering and sophisticated questions raised by the integration of different criminal law and behaviour theories, diverse disciplines and methodologies, in a genuinely interdisciplinary perspective. This volume will serve as a practical guide for the comparative legal scholar and the judge, as well as stimulating scholarly reading for the neuroscientist, the social scientist and the philosopher with interdisciplinary scientific interests.


The Matrix of Insanity in Modern Criminal Law

The Matrix of Insanity in Modern Criminal Law
Author: Gabriel Hallevy
Publisher: Springer
Total Pages: 212
Release: 2015-06-30
Genre: Law
ISBN: 3319205978

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This book challenges the assumptions of modern criminal law that insanity is a natural, legally and medically defined phenomenon (covering a range of medical disorders). By doing so, it paves the way for a new perspective on insanity and can serve as the basis for a new approach to insanity in modern criminal law. The book covers the following aspects: the structure of the principle of fault in modern criminal law, the development of the insanity defense in criminal law, tangential in personam defenses in criminal law and their implications for insanity and the legal mechanism of reproduction of fault. The focus is on the Anglo-American and European-Continental legal systems. Given the attention consistently drawn by international and domestic events in this context, the book will be of interest to a broad and growing international audience.


Insanity And The Criminal Law

Insanity And The Criminal Law
Author: William A. White
Publisher: Da Capo Press, Incorporated
Total Pages: 320
Release: 1981-04-21
Genre: Criminal liability
ISBN:

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