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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.
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.
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.
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.
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Thirty years after it was first published, the issues raised in The Jury and the Defense of Insanity remain pertinent. Rita James Simon examines how motivated and competent juries are, how well jurors understand and follow judges' instructions, their understand-ing of expert testimony, and the extent to which their own backgrounds and experiences influence their decisions. Simon provides a rare opportunity to observe how jurors go about the process of deliberating and reaching a verdict by following them into the jury room and recording their deliberations. This pathbreaking study of jury room behavior provides compelling evidence of the effectiveness of our trial by jury system. The Jury and the Defense of Insanity was the product of an experimental study con-ducted as part of the University of Chicago Jury Project. Over 1,000 jurors were chosen to participate, not as volunteers, but as part of their regular jury duty, in two experimental trials, one on a charge of housebreaking, the other of incest. In each the insanity de-fense was raised. Court judges instructed the jurors to consider the recorded trials they were about to hear with all the care and seriousness they would give to a real criminal prosecution, and the taped recordings of their deliberations make it clear that they did just that. These recordings, along with responses to detailed questionnaires, yielded significant data, equally applicable to civil as to criminal cases. We learn their reactions to their fellow jurors; personal evaluations of the quality and effectiveness of delibera-tions; the degree to which religion, sex, social status, education, and like factors affect participation in and influence on the course of the deliberation; and the recounting of and reliance upon personal experience in seeking to reach a verdict, among other in-sights furnished by this study. This is an exact record--not a description or recollected account--of the struggle of a jury to weigh evidence and achieve a just verdict. For lawyers whose job it is to win civil and criminal cases, for behavioral scientists who study male and female reactions in their cultural environment to the circumstances that confront them, and to all who are interested in how people behave and why, in a dramatic, socially significant situation, this is a fascinating and revealing book.
Thomas Szasz wrote over thirty books and several hundred articles, replete with mordant criticism of psychiatry, in both scientific and popular periodicals. His works made him arguably one of the world's most recognized psychiatrists, albeit one of the most controversial. These writings have been translated into several languages and have earned him a worldwide following. Szasz was a man of towering intellect, sweeping historical knowledge, and deep-rooted, mostly libertarian, philosophical beliefs. He wrote with a lucid and acerbic wit, but usually in a way that is accessible to general readers. His books cautioned against the indiscriminate power of psychiatry in courts and in society, and against the apparent rush to medicalize all human folly. They have spawned an eponymous ideology that has influenced, to various degrees, laws relating to mental health in several countries and states. This book critically examines the legacy of Thomas Szasz - a man who challenged the very concept of mental illness and questioned several practices of psychiatrists. The book surveys his many contributions including those in psychoanalysis, which are very often overlooked by his critics. While admiring his seminal contribution to the debate, the book will also point to some of his assertions that merit closer scrutiny. Contributors to the book are drawn from various disciplines, including Psychiatry, Philosophy and Law; and are from various countries including the United States, Canada, New Zealand, United Kingdom and the Netherlands. Some contributors knew Thomas Szasz personally and spent many hours with him discussing issues he raised in his books and articles. The book will be fascinating reading for anyone interested in matters of mental health, human rights, and ethics.
An insider's account of America's ineffectual approach to some of the hardest defense and intelligence issues in the three decades since the Cold War ended. Insanity can be defined as doing the same thing over and over again but expecting a different result. As a nation, America has cycled through the same defense and intelligence issues since the end of the Cold War. In Insanity Defense, Congresswoman Jane Harman chronicles how four administrations have failed to confront some of the toughest national security policy issues and suggests achievable fixes that can move us toward a safer future. The reasons for these inadequacies are varied and complex, in some cases going back generations. American leaders didn’t realize soon enough that the institutions and habits formed during the Cold War were no longer effective in an increasingly multi-power world transformed by digital technology and riven by ethno-sectarian conflict. Nations freed from the fear of the Soviets no longer deferred to America as before. Yet the United States settled into a comfortable, at times arrogant, position as the lone superpower. At the same time our governing institutions, which had stayed resilient, however imperfectly, through multiple crises, began their own unraveling. Congresswoman Harman was there—as witness, legislator, exhorter, enabler, dissident and, eventually, outside advisor and commentator. Insanity Defense is an insider’s account of decades of American national security—of its failures and omissions—and a roadmap to making significant progress on solving these perennially difficult issues.