The Matrix Of Insanity In Modern Criminal Law

This book challenges the assumptions of modern criminal law that insanity is a natural, legally and medically defined phenomenon (covering a range of medical disorders). By doing so, it paves the way for a new perspective on insanity and can serve as the basis for a new approach to insanity in modern criminal law. The book covers the following aspects: the structure of the principle of fault in modern criminal law, the development of the insanity defense in criminal law, tangential in personam defenses in criminal law and their implications for insanity and the legal mechanism of reproduction of fault. The focus is on the Anglo-American and European-Continental legal systems. Given the attention consistently drawn by international and domestic events in this context, the book will be of interest to a broad and growing international audience.

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.

This book presents the modern theory of necessity and the current distinctions between necessity and self-defense, dwelling defense and duress. Most legal systems have accepted necessity as general defense. However, justifications for this defense and the distinctions between necessity and tangential in rem general defenses have changed significantly in modern criminal law. In addition, the book presents the function of transformation-of-fault (formerly actio libera in causa) in its modern form. Focusing on the Anglo-American and European-Continental legal systems, the book is divided into four chapters: The Modern Defense of Necessity, Integrating Necessity with the Principle of Fault in Modern Criminal Law, Tangential In Rem Defenses in Criminal Law and their Implications for Necessity, The Function of Transformation of Fault.

Applied Criminal Psychology provides the reader with a comprehensive and practical guide to psychological research and techniques. It is introductory and wide-ranging and covers important forensic aspects of psychology, psychiatry, and behavioral sciences. Many key forensic issues are covered, including personality disorders, risk assessment, the forensic psychologist as an expert witness, detecting deception, eyewitness memory, cognitive interviewing, forensic hypnosis, false confessions, criminal profiling, and crisis negotiation. With this new edition and starting with the first two chapters, significant focus has been placed upon Psychopathy and the closely associated DSM category of Anti-Social Personality Disorder. Another new chapter has also been included dedicated to the principles of law associated with an accused person's mental status. The book is international and interdisciplinary in its scope and focus. Many of the contributors to this book are well known scholars and/or practitioners. It will be of great interest to psychologists, psychiatrists, criminologists, legal professionals, law enforcement personnel and students who are planning careers in forensic psychology, criminology, and policing.

As computational power, the volume of available data, IT systems’ autonomy, and the human-like capabilities of machines increase, robots and AI systems have substantial and growing implications for the law and raise a host of challenges to current legal doctrines. The main question to be answered is whether the foundations and general principles of private law and criminal law offer a functional and adaptive legal framework for the “autonomous systems” phenomena. The main purpose of this book is to identify and explore possible trajectories for the development of civil and criminal liability; for our understanding of the attribution link to autonomous systems; and, in particular, for the punishment of unlawful conduct in connection with their operation. AI decision-making processes – including judicial sentencing – also warrant close attention in this regard. Since AI is moving faster than the process of regulatory recalibration, this book provides valuable insights on its redesign and on the harmonization, at the European level, of the current regulatory frameworks, in order to keep pace with technological changes. Providing a broader and more comprehensive picture of the legal challenges posed by autonomous systems, this book covers a wide range of topics, including the regulation of autonomous vehicles, data protection and governance, personality rights, intellectual property, corporate governance, and contract conclusion and termination issues arising from automated decisions, blockchain technology and AI applications, particularly in the banking and finance sectors. The authors are legal experts from around the world with extensive academic and/or practical experience in these areas.

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.

Humor and cruelty can be the best of friends. Many cruel domains have facilitated hilarity of all kinds, whether experienced directly or vicariously, stretching from the torture chamber to the living room—or wherever else a screen is to be found. Conversely, many jests have provided the vehicle with which to dispense cruelty, whether callously or gleefully, in myriad settings, from public events to intimate family dinners. Combining the sources and resources of the humanities and social sciences, this book investigates the mutually supportive liaisons of humor and cruelty. We unearth the brutal, aggressive, and/or sadomasochistic roots of mockery and self-mockery, sarcasm and satire, whilst addressing contemporary debates in humor studies focusing on the thorny ethics and existential challenges arising from the acceptance of the much-appreciated yet seldom innocent channel for human interaction called "humor."

The present book addresses the background, rationale, general structure, and particular aims and arguments characterizing our third and last volume about "humor" and "cruelty". A guiding foray is provided into the vast expert literature that can be retrieved in the Western humanities and social sciences on these two terms. Pivotal thinkers and crucial notions are duly identified, highlighted, and examined. Apposite subsidiary references are also included, especially with regard to psychodynamics and clinical psychology, existentialism, feminism, liberalism, Marxism, and representative recent studies in the philosophy of humor and its cognates. The stage is thus set for the exploration and assessment of the conflicts between humor and cruelty unfolding in Part 2 of Volume 3. Being the philosophical terminus of our entire research project, Volume 3 counterbalances, complements, and, occasionally, complexifies the numerous forms of mutual cooperation between humor and cruelty that the preceding Volume 2 had unearthed and discussed.