Mental condition defences have been used in several high-profile and controversial criminal trials in recent years. indeed, mental abnormality is increasingly an important yet complex source of defence within the criminal trial process. The author offers a detailed critical analysis of those defenc
Mental State Defences in Criminal Law
β Scribed by Steven Yannoulidis
- Publisher
- Ashgate Publishing; Routledge
- Year
- 2012
- Tongue
- English
- Leaves
- 249
- Category
- Library
No coin nor oath required. For personal study only.
β¦ Synopsis
By defining appropriate boundaries for the defence of insanity and the doctrine of automatism, this book presents a consistent and principled approach to the reform of mental state defences. In particular, by undertaking an interdisciplinary analysis of the various factors that inform these defences the book concludes with several practical and robust reform proposals There are three objectives that underpin the suggested reform proposals. First, to ensure that an accused will be able to raise a defence of insanity for involuntary conduct arising from mental disorder even where he or she is aware of the nature and quality of such conduct. Second, to provide principled means by which to establish the criminal responsibility of an accused for conduct performed in a state of drug-induced psychosis. Third, to ensure that criminal conduct arising from a state of βimpaired consciousnessβ does not automatically result in the outright acquittal of an accused. In articulating the competing demands that must be balanced in order to secure a principled approach to the reform of mental state defences the book will be of relevance to all common law countries.
β¦ Table of Contents
Cover
Half Title
Dedication
Title Page
Copyright Page
Table of Contents
List of Figures and Tables
Acknowledgments
Table of Cases
Table of Legislation
1 Introduction: General Themes, Reform, Chapter Outlines
2 Mental-State Defences: Insanity and Automatism
3 Disease of the Mind: Individual Justice and Societal Protection
4 Drug-Use and the Defence of Insanity
5 Volitional Insanity: Involuntariness, Injustice and Cognitive Impairment
6 Involuntary Conduct: Defence of Impaired Consciousness
7 Conclusion: Reform Proposals, Looking Forward
Bibliography
Index
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