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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.
DIVA provocative collection of essays that reveals how the law takes its definition from what it excludes /div
This essay collection examines aspects of mental impairment from a variety of angles to unearth medieval perspectives on mental affliction. This volume on madness in the Middle Ages elucidates how medieval society conceptualized mental afflictions, especially in law and culture.
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.
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
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?
This book explores, for the first time in an edited collection, the intersection of three key research areas - women, madness and the law - and advances the debates on how law and the 'psy' sciences play a critical role in regulating and controlling women's lives.
In Jurismania, Paul Campos asserts that our legal system is beginning to exhibit symptoms of serious mental illness. Trials and appeals that stretch out for years and cost millions, 100 page appellate court opinions, 1,000 page statutes before which even lawyers tremble with fear, and a public that grows more litigious every day all testify to a judicial overkill that borders on obsessive-compulsive disorder. Campos locates the source of such madness, paradoxically, in our worship of reason and the resulting belief that all problems are amenable to legal solutions. In insightful discussions of a wide range of cases, from NCAA regulations of student-athletes to the Simpson trial, from our most intractable social disputes over abortion and physician-assisted suicide to the war on drugs and the increasingly fastidious attempts to regulate behavior in public spaces, Campos shows that the mania for more law exacerbates the very problems it seeks to remedy. In his final chapter, the author calls instead for a humbling recognition of the limits of reason and a much more modest role for our legal system. Clearly written and laced with a delicious wit, Jurismania gives us a CAT-scan of the American legal mind at work. It reveals not only that the patient is even worse off than we imagined, but also clarifies the many reasons why
Michel Foucault examines the archeology of madness in the West from 1500 to 1800 - from the late Middle Ages, when insanity was still considered part of everyday life and fools and lunatics walked the streets freely, to the time when such people began to be considered a threat, asylums were first built, and walls were erected between the "insane" and the rest of humanity.
This book examines the role of civil law in determining mental capacity over a five hundred year period in England and in New Jersey.