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More than any other defence in the criminal law, the insanity defence has, and continues to be, the subject of heated debate. Yet too little is known about how the insanity defence operates in different jurisdictions, including in the United Kingdom and Ireland. In this book, Mackay and Brookbanks, and their team of expert contributors, explore the theory and practice around the insanity defence and analyse its diverse influence and manifestations across a wide range of common law and civil law jurisdictions. Typically, the insanity defence, as exemplified in the M'Naghten Rules, represents a foundational aspect of criminal responsibility, although in some jurisdictions it serves only to define degrees of mental capacity. However, what all jurisdictions have in common is the high and increasing incidence of mental illness and impairment challenging existing constructions of an exculpatory rule. This book explores in detail the origins and operation of the M'Naghten Rules as well as the eclectic nature of the insanity defence, its highly variable linguistic expression, and the diverse social policy mandates it seeks to embrace. The Insanity Defence will reinvigorate the debate about the defence by discussing both its theoretical basis and exploring how different jurisdictions approach the insanity plea, not only in relation to an appropriate test and how it operates, but also from the perspective of disposal and how those who use the insanity defence successfully are dealt with. This book will be of interest to researchers, academics, and advanced students with an interest in criminal law internationally, as well as to those involved in the development of policy and legislation.
High-profile legal cases involving individuals with mental health challenges often address complex issues that confront previous decisions of the courts, influence or change existing social policies, and ultimately have a profound impact on the daily practice of mental health professionals and the lives of their patients. Providing in-depth context into milestone cases in forensic mental health, this book addresses issues such as the confidentiality of mental health records, criminal responsibility, fitness to stand trial, the right of individuals to refuse mental health treatment, and the duty of mental health practitioners to warn and protect individuals who may be at risk of harm at the hands of a patient. The authors explore the social and political context in which these cases occurred, incorporating court decisions, contemporaneous media articles, and legal reviews in the analysis. Graham Glancy and Cheryl Regehr, who are experts in the field of forensic psychiatry, draw upon their own practice, in addition to scholarly literature, to describe the impact of the decisions rendered by the courts in the area of mental health and offer practical guidelines for professionals working at the interface of law and mental health.
The subjects inquired into by Canadian federal royal commissions have ranged over such a wide field that the reports and special studies prepared by the 400 commissions since Confederation have become an essential part of any research in Canadian studies. In many cases the special studies which are always prepared by the best experts available stand as the most important works ever to appear on a given subject. For example, the studies used by the Royal Commission on Dominion-Provincial Relations (1937-1940) are still used as required reading in both graduate and undergraduate university courses almost thirty years later. In the author's work as Government Documents Librarian, he witnesses the daily use of royal commission material. The importance attached to royal commission documents and the considerable difficulty in locating many of the earlier reports let Henderson to undertake the compilation of this checklist four years ago.
Two men were shot and killed in the office of the Montreal Cotton Company in Valleyfield, Quebec, on a night in 1895. A third victim, shot through the head, managed to survive. Charged with the murders was Valentine Shortis, a young Irish immigrant. His trial, the longest on record at the time in Canada, was played out against one of the most dramatic periods in Canadian political history. Before the case closed it had involved some of the most important names in the country. Did Valentine Shortis commit murder in the course of a bold robbery, as the Crown and the citizens of Valleyfield believed? Or was he insane, as the defence argued and the leading psychiatrists in Canada contended? The best-known lawyers in Quebec fought out the issues in the courts, while politicians used the case to further their careers. As the trial dragged on it became part of the intricate political tapestry of the day, along with the Manitoba schools question, the revolt of the 'nest of traitors' from the Mackenzie Bowell's cabinet, and the federal election of 1896, in which Laurier used the Shortis case to help him become prime minister. As well as Laurier, other prominent Canadians made appearances in the case. Lady Aberdeen, the wife of the govenor-general, mysteriously put a word in the ear of Sir Charles Hibbert Tupper, the young minister of justice. We meet the larger-than-life psychiatrists, C.K. Clarke and R.M. Bucke, sex-educator Arthur Beall, and even Mackenzie King and his spirits. Martin Friedland has vividly reconstructed one of the most dramatic criminal cases in Canada's history. Along the way he reveals much about our political past, the criminal process, French-English relations, and the history of psychiatry and corrections. Above all he tells a fascinating and compelling tale of murder and politics.
How responsible are mentally disordered offenders for their crimes? Aimed specifically at understanding the social context of the serious criminal offender who is deemed to be mentally abnormal, this new edition of Offenders, Deviants or Patients? takes into account the many changes in legal practice, methods of treatment and attitudes since the first edition was published in 1980. Herschel Prins examines the relationship between mental abnormality and criminal behaviour, the extent to which this relationship is used (or misused) in the criminal courts and the various facilities that are currently available for treatment. Unique in its multidisciplinary approach Offenders, Deviants or Patients? will be invaluable to all those who come into contact with serious offenders.
This innovative and pioneering new book establishes links between crime reduction and the law, uniquely offering a detailed examination of how specific legislation and performance targets aid or undermine attempts at crime reduction. Providing a sustained analysis, this ground-breaking book considers the social policy, politics and legislation that surround and drive the crime reduction agenda. It analyzes: the creation of 'safe environments' through Town and Country Planning legislation the role of local authorities in crime reduction initiatives the nature of drug policy, paedophilia legislation and programs to control mental disorder crime. Bringing together the work of internationally renowned experts in this field, this book will prove very useful to students of criminology and sociology, as well as crime prevention and reduction practitioners, police officers and community safety partnership professionals.