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Criminal law has struggled to keep pace with developments in psychiatry, both in substantive and procedural terms, and it is widely recognised that increased inter-disciplinary discussion of mental condition defences is required in order to address this gap between the law and psychiatry. This edited collection comes at a time of review of this sensitive area of criminal law. The Law Commission for England and Wales recently placed its evaluation of insanity, automatism and intoxication on hold, while it considers the law on unfitness to plead. These reviews are set against the backdrop of earlier Law Commission reports on partial defences to murder which informed significant changes that were made to the law in this area under sections 52–56 of the Coroners and Justice Act 2009. Recent developments in case law in this substantive area illustrate not only the importance of the role of the medical expert, but also that reform in this area is informed by ongoing inter-disciplinary research. This collection brings together medical and legal conceptions of mental disorder in order to appraise the operation of mental condition defences. In this respect, it provides invaluable and original insights into mental condition defences and criminal law.
Mental condition defences have been used in several high profile and controversial criminal trials in recent years. Indeed, mental abnormality is increasingly an important yet complex course of defence within the criminal trial process. In this timely study, Professor Mackay offers a detailed critical analysis of these defences within the Criminal Law where the accused relies on some form of mental abnormality as a source of defence/negotiation. Topics covered include the defences of automatism, insanity, diminished responsibility and infanticide; self-induced incapacity and the doctrine of fault. It also includes a chapter on unfitness to plead, which although not a defence has been included because of its important relationship to mental disorder within the criminal process. Drawing upon a wide variety of legal, psychiatric and philosophical sources, this is a timely contribution to a controversial and complex topic.
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.
Hundreds of thousands of the inmates who populate the nation's jails and prison systems today are identified as mentally ill. Many experts point to the deinstitutionalization of mental hospitals in the 1960s, which led to more patients living on their own, as the reason for this high rate of incarceration. But this explanation does not justify why our society has chosen to treat these people with punitive measures. In Crime, Punishment, and Mental Illness, Patricia E. Erickson and Steven K. Erickson explore how societal beliefs about free will and moral responsibility have shaped current policies and they identify the differences among the goals, ethos, and actions of the legal and health care systems. Drawing on high-profile cases, the authors provide a critical analysis of topics, including legal standards for competency, insanity versus mental illness, sex offenders, psychologically disturbed juveniles, the injury and death rates of mentally ill prisoners due to the inappropriate use of force, the high level of suicide, and the release of mentally ill individuals from jails and prisons who have received little or no treatment.
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.
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.
For a myriad of reasons the criminal justice system has become the de facto mental health system. This book explores how and why this is the case. Sensationalized cases often drive criminal justice policies that can sometimes be impulsively enacted and misguided. While there are chapters that examine competency, insanity, and inpatient and outpatient commitment, the primary focus of the book is on the bulk of encounters that clog the criminal justice system with persons with mental illnesses (pwmi). Criminal justice practitioners are often ill-equipped for dealing with pwmi in crises. However, via application of therapeutic jurisprudence principles some agencies are better preparing their employees for such encounters and attempting to stop the inhumane and costly recycling of pwmi through the criminal justice system. Coverage runs the gamut from deinstitutionalization, to specialized law enforcement responses, to mental health courts, to jails and prisons, to discharge planning, diversion, and reentry. Also, criminal justice practitioners in their own words provide insight into and examples of the interface between the mental health and criminal justice systems. Throughout the book the balance between maintaining public safety and preserving civil liberties is examined as the state's police power and parens patriae roles are considered. Reasoned, collaborative approaches for influencing and informing policies that are often driven by crises are discussed; this book also reflects more psychological underpinnings than the 1st edition, as one of the co-authors new to this edition is a forensic clinical psychologist. The following Teaching Materials are available electronically on a CD or via email (Please contact Beth Hall at [email protected] to request a copy, and specify what format is needed): -Teacher's Manual with notes and extensive test bank in Word/pdf formats -Test bank is also available in separate files by chapter in Word and Blackboard formats. Other LMS formats may be available; let me know what you need.) Upon adoption only, the following are also available: -3 Videos. Upon adoption only. One video illustrates Crisis Intervention Team scenarios, another explores PTSD and the third video is of a lecture author Risdon Slate gave to law enforcement in training that describes his own personal story. -PowerPoint slides will be available upon adoption. Email [email protected] for more information. “I am so grateful that I have decided on this book and the resources are amazing.” — Joseph C. Marinello, lecturer in the Department of Criminal Justice and Criminology, UNC Charlotte (on classroom adoption of second edition) “Notorious criminal cases tend to drive public opinion and policy when it comes to how our criminal justice system deals with persons with mental illnesses. Drs. Slate and Johnson’s book is a far brighter star to steer by. By most accounts, including the US Department of Justice, our criminal justice system is in crisis. In The Criminalization of Mental Illness the authors explain how our justice system has failed persons with mental illnesses, the public and its own self-interests. But rather than place blame, the authors focus on illuminating the history and anatomy of the problem and offering real solutions. Because they are based on careful scholarship, their proposals are authoritative and make sense. But it is their informed empathy for all the players involved in the tragedy—not just persons with mental illnesses—that makes this book a must read for anyone involved in the criminal justice system or simply interested in knowing the truth of how it is broken and can be fixed.” — Xavier F. Amador, Ph.D., Adjunct Professor, Columbia University, Author of the National Best Seller I am Not Sick, I Don’t Need Help! and I’m Right, You’re Wrong, Now What? “The book confronts myths and social/political policy failures directly; and with great honor recognizes those advocates whose work has moved social justice and mental health policy forward. [Their] dedication and passion to the subject of promoting human rights and recovery is evident in every word. It is a masterful, relevant and inspiring work.” — Ginger Lerner-Wren, the nation’s first mental health court judge and member of the President’s Commission on Mental Health “[This book] provides extraordinary insights into the manner by which people with mental illness are processed through the criminal justice system… I thoroughly enjoyed this work and would recommend it to anyone who has an interest in issues involving mental illness and the criminal justice system. I have seen a few books in this area, but have never found one quite as comprehensive and well-researched. It is, without exception, one of the best academic books that I have read in many years.” — Penn State, Altoona, Professor Robert M. Worley in his book review for The Southwest Journal of Criminal Justice, Fall 2008 “This is a highly insightful and important book which corrections staff, academics, students, and the general public should know about.” — Ken Kerle, Ph.D, American Jail Association “Overall this very readable book provides a good survey of the various sectors of thecriminal justice system and their response to the substantive changes that have affected persons with mental illness during the recent past. These authors provide a valuable guide for mental health professionals interested in appropriate treatment and placement of persons with mental illness.” — Frederick J. Frese, Ph.D., Psychiatric Services: A Journal of the American Psychiatric Association “Without a doubt, it is the most comprehensive explanation of what has happened between the two systems during the past 40 or so years. It explains not only the crisis that exists and how we got here, but some interesting and innovative ways that local governments are providing solutions… [M]ore important than the chronicling of the impact of this social crisis, it demonstrates with pointed examples how the two systems intertwine with well-intentioned judicial and treatment policies. No matter how you view the issue of the mentally ill in prison, the book demonstrates that the person left out of the discussion is the defendant/offender/patient.” — Corrections Today