Criminal insanity in 19th-century Ireland, Europe and the United States: Cases, contexts and controversies

Kelly, Brendan D.

doi:10.1016/j.ijlp.2009.09.005

Cited by 7 publications

(5 citation statements)

References 45 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…However, recent phenomena of insanity plea is dominated in the result of a case in 1873. According to the case a person named Daniel M'Naughten have assassinated Sir Robert Peel (British Prime Minister) (Kelly, 2009), the offender was not convicted on the plea that he was victim of mental illness and for conviction it requires that the person should be mentally fit (UK House of Lords Decision, 1943). Another rule which benefit the mental health patient is Durham Rule.…”

Section: Criminal Responsibility Of Mentally Ill Patientmentioning

confidence: 99%

Changing Paradigms: Criminal Responsibility in Mental Health Laws of Pakistan and UN Conventions on the Rights of Persons with Disabilities

Mehmood

2022

JDSS

View full text Add to dashboard Cite

An individual is liable for his/her wrong doings against fellow members of the society. However, in certain situations he/she can be exempted from his/her actions, especially in a situation whereby he/she cannot differentiate in right and wrong due to his/her mental incapability. In the modern era, ample development has been gained in the field of mental health and an effective mechanism has been provided as to observe and implement the principles of responsibility between crime and mental illness. Schizophrenia has been commonly referred as severe cognitive and affective deficits that heavily influence empathy, understanding, reason and decision making, but also control of compulsiveness. Although there is relation between mental illness and lacks or decrease of legal accountability, their relationship is also bound by social, cultural, demographic, developmental, and clinical factors. For criminal liability both mens rea and actus reus are important ingredients. However, in case of Schizophrenia the element of mens rea is missing, which exempt the mentally ill person from the consequences of crime. A qualitative method of research is conducted to evaluate the criminal responsibility of a mentally ill patient. Upon observation, it has been discovered that laws related to mental health in Pakistan lacks compatibility with international conventions and Islamic law, so there is a dire need to revamp the existing legislation and a phenomenon of non-responsibility of a mentally ill patient should be followed as a paradigm shift.

show abstract

Section: Criminal Responsibility Of Mentally Ill Patientmentioning

confidence: 99%

Changing Paradigms: Criminal Responsibility in Mental Health Laws of Pakistan and UN Conventions on the Rights of Persons with Disabilities

Mehmood

2022

JDSS

View full text Add to dashboard Cite

show abstract

“…Historically, women's criminal responsibility was considered in light of mental illness, which, in part, was attributable to menstruation, pregnancy, and childbirth (Kelly, 2009). Insanity and mental defect were considered to be similar to weakness in some cases (Meggendorfer, 1931).…”

Section: Chapter 16mentioning

confidence: 99%

Laws Relating to Sex, Pregnancy, and Infancy

Cusack¹

2015

View full text Add to dashboard Cite

Where this book is distributed in the UK, Europe and the rest of the world, this is by Palgrave Macmillan, a division of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS.Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave ® and Macmillan ® are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN: 978-1-137-50518-7 Library of Congress Cataloging-in-Publication Data Cusack, Carmen M., author.Laws relating to sex, pregnancy, and infancy : issues in criminal justice / Carmen M. Cusack.pages cm Includes bibliographical references and index. ISBN 978-1-137-50518-7 (hardcover : alk.

show abstract

“…In addition, public safety is considered a priority when the patient is suffering from a mental disease or defect when the crime is committed, but is not currently afflicted (7, 19). …”

Section: Case Of Anders Breivikmentioning

confidence: 99%

“…The McNaughton Rule is the basic test for insanity in most jurisdictions in the USA, and emerged as a defense in the US during the nineteenth century (7). In 2009, Bennett demonstrated the inadequacies of the McNaughton Rule (8).…”

Section: Introductionmentioning

confidence: 99%

Frendak to Phenis to Breivik: An Examination of the Imposed Insanity Defense

et al. 2014

View full text Add to dashboard Cite

The imposition of the insanity defense is a complicated psycho-legal scenario. Globally, definitions of insanity differ from country to country. In a multitude of cases, a determination of insanity at the time of a criminal act means the offender will not be considered responsible for his or her action(s). In many jurisdictions, concerns have been raised that the insanity defense has been used to mitigate punishment, usually after a particularly heinous crime. In this review, the authors use three cases – Frendak, Phenis, and Breivik to demonstrate how the imposition of the insanity defense has been used for legal purposes in the past and present. In an effort to give more background to each of the above-mentioned cases, the writers have provided some details to aid comprehension. The authors offer recommendations for the ethical forensic evaluator unburdened by partisan allegiance and invested in the search for truth. This review article relies on peer-reviewed articles available from PubMed, Meharry Online Library, and legal dictionaries. We also cross-referenced reputable news sources to ensure the validity of the facts we present.

show abstract

Criminal insanity in 19th-century Ireland, Europe and the United States: Cases, contexts and controversies

Cited by 7 publications

References 45 publications

Changing Paradigms: Criminal Responsibility in Mental Health Laws of Pakistan and UN Conventions on the Rights of Persons with Disabilities

Changing Paradigms: Criminal Responsibility in Mental Health Laws of Pakistan and UN Conventions on the Rights of Persons with Disabilities

Laws Relating to Sex, Pregnancy, and Infancy

Frendak to Phenis to Breivik: An Examination of the Imposed Insanity Defense

Contact Info

Product

Resources

About