Legal Insanity Explorations In Psychiatry Law And Ethics

This book examines core issues related to legal insanity, integrating perspectives from psychiatry, law, and ethics. Various criteria for insanity are analyzed and recommendations for forensic psychiatric and legal practice are offered. Many legal systems have an insanity defense, in one form or another. Still, it remains unclear exactly when and why mental disorders affect a person’s moral or criminal responsibility. Questions addressed in this book include: Why should insanity be a component of our legal system? What should be the criteria for an insanity defense? What would be the reasons for abolishing it? Who should bear the burden of proof? Furthermore, the book discusses the impact neurosciences may have on psychiatric and psychological evaluations of defendants as well as on legal decisions about insanity.

This book is about the competing images of man offered us by the disciplines of law and psychiatry. Michael Moore describes the legal view of persons as rational and autonomous and defends it from the challenges presented by three psychiatric ideas: that badness is illness, that the unconscious rules our mental life, and that a person is a community of selves more than a unified single self. Using the tools of modern philosophy, he attempts to show that the moral metaphysical foundations of our law are not eroded by these challenges of psychiatry. The book thus seeks, through philosophy, to go beneath the centuries-old debates between lawyers and psychiatrists, and to reveal their hidden agreement about the nature of man. Some attention is paid to practical legal and psychiatric issues of contemporary concern, such as the proper definition of mental illness for psychiatric purposes, and the proper definition of legal insanity for legal purposes. This book was first announced, for publication in hard covers, in the Press's January to July seasonal list.

This book represents a comprehensive collection of theoretical and empirical work at the nexus of clinical and forensic psychology written by world-renowned experts in the field. It is among the first books in the field to focus entirely on clinical psychological science applied to the understanding and treatment of offending. Part I addresses the main theoretical and clinical models used to explain and predict antisocial behavior, spanning biological, cognitive, experimental, individual differences, and interpersonal perspectives. Part II focuses on forms of psychopathology associated with an increased tendency to offend, with the emphasis on describing the clinical constructs most relevant for forensic psychology. Each chapter describes the clinical characteristics of one form of psychopathology, their assessment, their links with antisocial behavior, and treatment considerations. Part III focuses on different types of offense or offender groups as starting points. This perspective has relevance since many criminal justice and forensic mental health systems allocate offenders to interventions based on their index offense (or history of offenses). Finally, Part IV addresses the application of clinical psychology in the service of assessment and treatment in forensic settings. It includes the state of the art on diagnostic and risk assessment, as well as both widely used and recently developed interventions. This book is an excellent resource for students at both Bachelor’s and Master’s level, while also representing a comprehensive handbook for experienced researchers and practitioners.

How often is the defense of insanity or temporary insanity for accused criminals valid—or is it ever legitimate? This unique work presents multidisciplinary viewpoints that explain, support, and critique the insanity defense as it stands. What is the role of "the insanity defense" as a legal excuse? How does U.S. law handle criminal trials where the defendant pleads insanity, and how does our legal system's treatment differ from those of other countries or cultures? How are insanity defenses used, and how successful are these defenses for the accused? What are the costs of incarceration versus psychiatric treatment and confinement? This book presents a range of expert viewpoints on the insanity defense, exposing common myths; investigating its effectiveness and place in our legal system through history, case studies, and comparative analysis; and supplying perspectives from the disciplines of psychology, psychiatry, sociology, and neuroscience. The content also addresses the ramifications of declaring citizens insane or incapacitated and examines trials that involved pleas of insanity and temporary insanity.

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.

The overwhelming majority of police calls involve individuals with mental health experiences and yet limited resources exist to prepare first responders for these interactions. Police Response to Mental Health in Canada addresses this gap in the field, providing practical guidance to police studies students on how best to respond to mental health-related calls in both critical and non-critical situations.In addition, this book focuses on the mental health of policing professionals by addressing common mental health symptoms and providing strategies to improve the mental health wellness of policing professionals. Aligned with the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, (DSM-5) criteria, this text provides in-depth explanations of the mental health conditions commonly encountered in policing, including mood, psychosis, personality, substance abuse, and post-traumatic stress disorders. Written in an accessible style, this book includes pedagogical tools such as scenario-based learning, case studies, reflection questions, group activities, and chapter summaries to reinforce the learning objectives outlined at the start of each chapter. With the increasing demand for law enforcement officials to be better informed and prepared to interact with those experiencing mental health issues, this is a timely resource for students in college and university police studies programs. FEATURES: - Learning objectives, case studies, and discussion questions - Contributions from leaders in fields of health services, psychology, criminology, policing, and corrections - Discussion of Canadian issues that are relevant across the country, including police relations with Indigenous populations and incidents of gang-related violence

Emerging neurotechnology offers increasingly individualised brain information, enabling researchers to identify mental states and content. When accurate and valid, these brain-reading technologies also provide data that could be useful in criminal legal procedures, such as memory detection with EEG and the prediction of recidivism with fMRI. Yet, unlike in medicine, individuals involved in criminal cases will often be reluctant to undergo brain-reading procedures. This raises the question of whether coercive brain-reading could be permissible in criminal law. Coercive Brain-Reading in Criminal Justice examines this question in view of European human rights: the prohibition of ill-treatment, the right to privacy, freedom of thought, freedom of expression, and the privilege against self-incrimination. The book argues that, at present, the established framework of human rights does not exclude coercive brain-reading. It does, however, delimit the permissible use of forensic brain-reading without valid consent. This cautionary, cutting-edge book lays a crucial foundation for understanding the future of criminal legal proceedings in a world of ever-advancing neurotechnology.