Relevant bibliographies by topics / Insanity (law) – england

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Academic literature on the topic 'Insanity (law) – england'

Author: Grafiati
Published: 29 July 2024
Last updated: 30 July 2024

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Journal articles on the topic "Insanity (law) – england"

1

Rix, Keith J. B. "Towards a more just insanity defence: recovering moral wrongfulness in the M'Naghten Rules." BJPsych Advances 22, no. 1 (January 2016): 44–52. http://dx.doi.org/10.1192/apt.bp.115.014951.

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SummaryThis article describes how the M'Naghten Rules, which govern the law of insanity in England and Wales, came into existence. In relation to knowledge of the wrongfulness of the alleged act, the article reveals how the Court of Appeal has sought to limit the defence, whereas the courts of first instance, and a number of other jurisdictions, have adopted interpretations of the Rules that accord more closely with the law of insanity as it existed at the time of Daniel McNaughtan's trial and that the Rules were probably meant to formulate. Three cases are used to illustrate the difficulties resulting from the position adopted by the Court of Appeal. It is suggested that in cases where the insanity defence is raised, justice is likely to be better served by addressing specifically and separately the accused's understanding or appreciation of the moral wrongfulness of the alleged act and their knowledge as to whether the alleged act is contrary to the law of the land.
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2

Christopher, M. Green, and Laurence J. Naismith. "A Comparative Perspective on Forensic Psychiatry in Canada and England." Medicine, Science and the Law 28, no. 4 (October 1988): 329–35. http://dx.doi.org/10.1177/002580248802800413.

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ABSTRACT: An outline is presented of the development and practice of forensic psychiatry, including relevant legal aspects, in Canada, in comparison to the English system. It is written by two English-trained psychiatrists, who have provided forensic services in both Canada and England. Canadian forensic psychiatry is portrayed as having a greater medico-legal emphasis than at present in England, with a continuing dependence on the insanity verdict for seriously mentally disordered offenders. Canadian forensic psychiatric institutions are often attached to the correctional system, whereas in England they are under the Department of Health. Within this framework, the article elaborates upon clinical and medico-legal differences.
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Mason, James. "Unfitness to Plead, Insanity and the Law Commission: Do We Need a Diagnostic Threshold?" Journal of Criminal Law 85, no. 4 (February 19, 2021): 268–79. http://dx.doi.org/10.1177/0022018321995430.

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This article examines one aspect of the new test of effective participation at trial proposed by the Law Commission of England and Wales. This proposal aims to replace the current criteria for fitness to plead originating from Pritchard and developed more recently in M (John). Specifically, this article offers a critical examination of the Commission’s refusal to incorporate a so-called ‘diagnostic threshold’ within their proposed test. After reviewing the arguments for and against this decision, attention is drawn to the clear presence of diagnostic thresholds within other areas of law, such as the mental condition defence of insanity. Overall, the Commission’s proposals are a vast improvement upon the archaic rules of present day, and, contrary to the views of some scholars, their decision to omit a diagnostic criterion is no exception to this. In fact, the implications of this decision reach far beyond the particular context of unfitness proceedings and ultimately cast doubt on the significance of diagnostic thresholds in all areas of law. By focusing exclusively on the relationship between unfitness to plead and the defence of insanity, this piece demonstrates how both tests can be reformulated so as to avoid any explicit reference to a diagnostic criterion.
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Tadros, Victor. "Insanity and the Capacity for Criminal Responsibility." Edinburgh Law Review 5, no. 3 (September 2001): 325–54. http://dx.doi.org/10.3366/elr.2001.5.3.325.

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There are two different ways in which the insanity defence could he constructed. These relate to different ways in which the insanity defence might question the responsibility of the accused. Either the defence might show that the act in question was not performed in the appropriate way (that the accused lacks attribution-responsibility) or it might show that the agent was not an appropriate subject for criminal responsibility (that he or she lacks capacity-responsibility). Sometimes it is thought that these possibilities collapse into each other: it is only those that cannot perform their acts in the appropriate way that lack the capacity to be criminally responsible. This essay shows three things: first, that Scots criminal law, at least since the nineteenth century, is in a state of confusion between a capacity-responsibility conception of the defence and an attribution-responsibility conception. Second, that capacity-responsibility does not collapse into attribution-responsibility: there are some agents who are capable of forming mens rea but who ought not to be made criminally responsible due to their mental disorder. Third, that a sophisticated account of the capacity-responsibility conception can provide a version of the insanity defence that is both theoretically more elegant and practically more advantageous than the attribution-responsibility conception that has found favour in England and in some Scots decisions.
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Walsh, Dermot. "Do we need community treatment orders in Ireland?" Irish Journal of Psychological Medicine 27, no. 2 (June 2010): 90–96. http://dx.doi.org/10.1017/s0790966700001130.

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AbstractObjectives: Re-admissions to inpatient psychiatric care are now so frequent as to be designated the ‘revolving door’ phenomenon and constitute 72% of admissions to Irish inpatient psychiatric units and hospitals. It is commonly believed that treatment non-adherence with aftercare following inpatient discharge contributes to readmission. Attempts to improve adherence and reduce or shorten readmission through compulsory community treatment orders have been made in several countries including Scotland in 2005 and, from November 2008, England and Wales. Provision for conditional discharge in Ireland has already been furnished by the Criminal Law (Insanity) Act 2006 but has been compromised by the inability to impose enforcement of conditions. The paper aims to determine whether compulsory community treatment orders are effective in improving adherence and reducing re-admission and whether, in consequence, their introduction in Ireland should be considered.Method: The legislative measures adopted to improve treatment adherence and thereby reduce re-admissions are presented. The evidence of their effectiveness is examined.Results: Evaluation of the effectiveness of community treatment orders is limited and hindered by confounding factors. What evidence there is does not provide convincing evidence of their utility.Conclusions: It is concluded that there is insufficient evidence to advocate their early introduction in Ireland in civil mental health legislation. Instead a wait and see policy is suggested with critical assessment of the outcome of such developments in Scotland and England and Wales. In addition further research on the characteristics of revolving door patients in Ireland and the circumstances determining their readmission is advocated. There is an anomaly in the Criminal Law (Insanity) Act 2006 which allows of conditional discharge but does not provide for its enforcement.
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Wiener, Martin J. "Judges v. Jurors: Courtroom Tensions in Murder Trials and the Law of Criminal Responsibility in Nineteenth-Century England." Law and History Review 17, no. 3 (1999): 467–506. http://dx.doi.org/10.2307/744379.

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Although it is well known that the criminal law's administration in nineteenth-century England altered decisively, little important change has been noted in the substantive criminal law. Yet change there was, but produced less through legislation (as was much administrative change) or even appeals court rulings than through everyday criminal justice practice. In particular, the effective meanings of legal terms central to the prosecution of homicide—terms such as provocation, intention, and insanity—were in motion during the nineteenth century as part of a broader redefining and reimagining of liability and responsibility. To grasp these often subtle shifts of meaning, we must look to the sites in which they occurred, the most important of which were the courtrooms of the assize courts, where the most serious offenses were tried.
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7

Ward, Tony. "Law, Common Sense and the Authority of Science: Expert Witnesses and Criminal Insanity in England, Ca. 1840-1940." Social & Legal Studies 6, no. 3 (September 1997): 343–62. http://dx.doi.org/10.1177/096466399700600302.

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8

Maine, Alexander. "Pet Lamb and Clothed Hyena: Law as an Oppressive Force in Jane Eyre." Student Journal of Professional Practice and Academic Research 1, no. 1 (February 1, 2019): 9–17. http://dx.doi.org/10.19164/sjppar.v1i1.793.

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Writing in 1864, the literary critic Justin M’Carthy stated that ‘the greatest social difficulty in England today is the relationship between men and women.’ This came at a time of unprecedented social and legal change of the status of women in the 19th Century. A prominent novel of the time concerning such social difficulty is Charlotte Brontë’s Jane Eyre: An Autobiography which attempts to reflect these social difficulties as often resulting from law. As such, the novel may be used as a reflection of the condition of nineteenth century English law as an oppressive force against women. This force is one that enacts morality through legality, and has particular resonance in literature concerning social issues. Jane Eyre will be discussed as a novel that provides insights into women’s experiences in the mid-nineteenth century. Law is represented within the novel as an oppressive force that directly subjugates women, and as such the novel may be regarded as an early liberal feminist work that challenges the condition of law. This article will explore the link between good moral behaviour, and moral madness, the latter being perceived as a threat to the domestic and the law’s response to this threat. It will pick upon certain themes presented by Brontë, such as injustice towards women, wrongful confinement, insanity and adulterous immoral behaviour, to come to the conclusion that the novelist presented law as a method of constructing immorality and injustice, representing inequality and repression.
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9

McDiarmid, Claire. "After the age of criminal responsibility: a defence for children who offend." Northern Ireland Legal Quarterly 67, no. 3 (September 1, 2016): 327–41. http://dx.doi.org/10.53386/nilq.v67i3.121.

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In Scotland, the age of criminal responsibility is 8, although children cannot be prosecuted until they are 12. In England and Wales, for all purposes, the age is 10. This article argues that a further mechanism is needed to protect the young who do wrong within the criminal process and it argues for a new, bespoke defence, to be available to young people from the age of criminal responsibility until they attain the age of 18. It looks firstly at criminal capacity – what it is that needs to be understood fairly to hold anyone criminally responsible – and draws on material from developmental psychology and neuro-science, as well as looking at the child’s lived experience, to provide some evidence that the young may, without fault, lack this capacity. It then examines the use of age generally in law, and the age of criminal responsibility within this. Next, it considers existing lack of capacity defences – nonage, diminished responsibility, insanity (or mental disorder) and absence of mens rea – to consider their suitability for use by young and immature defendants. Finally, it presents a proposal for the form of the new defence, taking into account the need for balance with the public interest in conviction of the guilty. Throughout, it notes and analyses the Law Commission’s proposals in this respect.
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Neve, Michael, and Elaine Murphy. "Book Reviews : Peter Bartlett. The Poor Law of Lunacy: The Administration of Pauper Lunatics in Mid-Nineteenth Century England. London: Leicester University Press, 1999. Pp. 310. £55. ISBN 0-7185-0104-7. Peter Bartlett and David Wright (eds). Outside the Walls of the Asylum: the History of Care in the Community 1750-2000. London: Athlone, 1999. Pp. 337. Hardback £45, Paperback £16.99. ISBN 0-485-12147-6. Joseph Melling and Bill Forsythe (eds). Insanity, Institutions and Society, 1800-1914: A Social History of Madness in Comparative Perspective. London: Routledge, 1999. Pp. 328. £55. ISBN-0-415-18441-x." History of Psychiatry 11, no. 41 (March 2000): 113–17. http://dx.doi.org/10.1177/0957154x0001104107.

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Books on the topic "Insanity (law) – england"

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Bill, Forsythe, ed. The politics of madness: The state, insanity, and society in England, 1845-1914. London: Routledge, 2006.

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2

Mental health law. 4th ed. London: Sweet & Maxwell, 1996.

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Mental health law. 3rd ed. London: Sweet & Maxwell, 1990.

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Mental Health Law. Sweet & Maxwell, 2017.

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Trials of the King of Hampshire: Madness, Secrecy and Betrayal in Georgian England. Bloomsbury Publishing Plc, 2017.

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The trials of the King of Hampshire: Madness, secrecy and betrayal in Georgian England. 2016.

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7

Medical Jurisprudence, As It Relates to Insanity [electronic Resource]: According to the Law of England. Creative Media Partners, LLC, 2021.

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8

Grubin, Donald. Fitness to Plead in England and Wales. Taylor & Francis Group, 2013.

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Grubin, Donald. Fitness to Plead in England and Wales. Taylor & Francis Group, 2013.

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Grubin, Donald. Fitness to Plead in England and Wales. Taylor & Francis Group, 2013.

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Book chapters on the topic "Insanity (law) – england"

1

Mackay, Ronnie. "The Insanity Defence in English Law." In The Insanity Defence, 21—C2.N133. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780198854944.003.0002.

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Abstract This chapter discusses the legal development of the defence of insanity in England and Wales which is based on the famous M’Naghten Rules. As such it contains an analysis of problems that have arisen in the application of the insanity and automatism defences through a discussion of recent case law, including an analysis of how the ‘external factor’ doctrine has influenced the distinction between sane and insane automartism. It also includes an evaluation of the author’s empirical research on the defence, together with a discussion of how a new test for the insanity plea was introduced as a result of litigation in the Channel Island of Jersey.
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Ormerod, David, and Mark Dsouza. "Reforming the Insanity Defence in England and Wales." In The Insanity Defence, 45—C3.N130. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780198854944.003.0003.

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Abstract English law’s insanity defence has been subjected to sustained and cogent criticism. It is outdated in its understanding of psychiatry and was devised for trial procedures that are unrecognizable to those familiar with modern day practice. The defence is little used but has generated a disproportionate number of appeals. It creates arbitrary distinctions in application by its requirement for a ‘disease of the mind’, and its relationship with sane automatism and pleas based on intoxication is complex and incoherent. Controversially it imposes a legal burden of proof on the defendant. The scope for reform is obvious. With an increasingly enlightened attitude to mental health issues in the criminal justice system, there is an opportunity for law reform to create a defence which deals fairly and equitably with mentally disordered offenders. The Law Commission for England and Wales—whose statutory function is to ensure that the law is as fair, modern, and simple as possible—examined the defence and prepared a discussion paper tentatively proposing a new defence for someone ‘not criminally responsible by reason of medical condition’. This chapter explores the Commission’s work and assesses the prospects for further reform and legislation.
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Freckelton, Ian. "The Insanity Defence under Australian Law." In The Insanity Defence, 170—C8.N144. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780198854944.003.0008.

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Abstract While Australia inherited its law on the defence of insanity from England, it has evolved extensively through serial legislative reforms. The law is now significantly disuniform among Australia’s federal, state, and territory jurisdictions in terms of the nomenclature of the defence, criteria for its invocation, and the bases upon which persons found not guilty are dealt with upon a finding of insanity, mental impairment, mental incompetence, or unsoundness of mind. While in most jurisdictions detention is no longer at the Governor’s pleasure, there is diversity in respect of which bodies have an ongoing decision-making role for permitting reintegration of the person who has been forensically detained after a finding of mental illness, and the criteria on the basis of which the release discretion should be exercised. However, considerable jurisprudence has evolved which is distinctive to Australia, especially as to the key predictive criteria. There has also been a succession of law reform inquiries, and controversies remain lively in relation to matters such as whether there should be a volitional component to the defence, how the criteria should be formulated, and whether courts or specialist tribunals should have responsibility for the difficult predictive exercise of determining when it is safe to release from detention a person who has been found not guilty of a serious crime by reason of the defence.
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Loveless, Janet, Mischa Allen, and Caroline Derry. "6. Defences of incapacity and mental conditions." In Complete Criminal Law, 277–325. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192855947.003.0006.

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This chapter examines the use of incapacity and mental condition defences for criminal offences in England and Wales. It discusses the general principles of the excusatory defence of insanity and of automatism as distinct from diminished responsibility and explores the notion that insanity is out of date and unrelated to contemporary classifications of mental illness. It considers whether insanity can be pleaded for all crimes and explains that intoxication will rarely reduce criminal liability. It explains and clarifies the Majewski rule and how it works. It also considers intoxicated mistake. The chapter evaluates arguments for and against the age of criminal responsibility and analyses court decisions in relevant cases.
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Cornish, William. "Insanity and Mental Deficiency." In The Oxford History of the Laws of England, 823–34. Oxford University Press, 2010. http://dx.doi.org/10.1093/acprof:oso/9780199239757.003.0028.

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Weir, Tony. "The Staggering March of Negligence." In The Law of Obligations, 97–138. Oxford University PressOxford, 1998. http://dx.doi.org/10.1093/oso/9780198264842.003.0005.

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Abstract Although the twentieth century has been in many respects what Shakespeare called ‘The expense of spirit in a waste of shame’ -as it maunders to its end, we see the leaders of Western Europe adamant to create an insanely bureaucratic and multilingual ideological empire such as the nations of Eastern Europe have just broken loose from, and England, in an anachronistic preference for geography over history, abandoning the law it gave to the English-speaking world and turning its back on those to whom it was given-yet for the time being the common lawyers of England can take comfort in the success of the tort of negligence: announced in hieratic terms in 1932, its principle of liability has become so dominant that sixty years later Lord Goff could state that ‘the law of tort is the general law, out of which the parties can, if they wish, contract’. The contrast with the position in 1900 could hardly be more marked.
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