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Automatism, Insanity, and the Psychology of Criminal Responsibility

Author: Robert F. Schopp

Publisher: Cambridge University Press

Published: 1991-07-26

Total Pages: 291

ISBN-13: 052140150X

This is a book about the role that psychological impairment should play in a theory of criminal liability. Criminal guilt in the Anglo-American legal tradition requires both that the defendant committed some proscribed act and did so with intent, knowledge, or recklessness. The second requirement corresponds to the intuitive idea that people should not be punished for something they did not do "on purpose" or if they "did not realize what they were doing." Although intuitive, this underlying idea can be highly controversial in practice, especially in cases involving the insanity defense. This important new book addresses the conceptual and moral foundations of these issues. Unlike many previous works in this area, it addresses the automatism and insanity defenses by examining the types of functional impairment that typical candidates for these defenses actually suffer. What emerges is a much wider conceptual framework that allows us to understand the significance of psychological states and processes for the attribution of criminal responsibility in a manner that is logically coherent, morally defensible, and consistent with research in psychopathology.

Mental State Defences in Criminal Law

Author: Steven Yannoulidis

Publisher: Routledge

Published: 2016-04-22

Total Pages: 249

ISBN-13: 1317097300

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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 ’impaired consciousness’ 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.

Automatism as a Defence

Author: John Rumbold

Publisher: Routledge

Published: 2018-09-20

Total Pages: 314

ISBN-13: 1351787829

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Automatism is a notoriously difficult subject for law students, lawyers and judges. This book explores the science and medicine of sleep disorders and examines how the criminal process deals with such disorders when presented as a defence. It systematically examines the legal doctrines involved, and their implications for the use of the evidence key to establishing automatism, while also exploring the medical conditions that can cause automatism (particularly epilepsy, sleepwalking and diabetes). This book is a valuable resource for law students, lawyers, judges and expert witnesses.

Psychiatric Expert Testimony: Emerging Applications

Author: Dr Kenneth J. Weiss

Publisher: Oxford University Press

Published: 2015-01-06

Total Pages: 209

ISBN-13: 0199346615

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Psychiatric Expert Testimony: Emerging Applications is for practitioners who need to be at the cutting edge of admissibility in court. The book avoids standard applications, such as the insanity defense and specific capacity assessments, in favor of those that may be controversial or require evidentiary hearings. It is divided into two broad areas: human development and its deviations; and science and technology. In each chapter, the reader will find a discussion of the science behind the testimony and, where applicable, relevant case law. In the human development area, there are discussions of the genesis of moral thinking, how early trauma can affect behavior, how to approach the child witness, and how Autism Spectrum Disorder is regarded in criminal justice. In the technology area, there are diverse discussions, including sleep disorders, fMRI lie detection, the uses of neuroimaging, traumatic encephalopathy, and designer drugs. Dr. Weiss and Dr. Watson provide a framework for understanding why and how the justice system needs expert testimony and the instances where there is resistance to it. Unlike other books, which either treat the subject generally or in a prescriptive manner, Psychiatric Expert Testimony: Emerging Applications provides a foundation for practitioners to use available science and then to fashion their own work product. In this way, the expert is not held to a formula or format. By using the content of Emerging Applications, the practitioner will be better able to fashion expert reports and field questions during evidentiary hearings.

Fundamentals of Forensic Practice

Author: Richard Rogers

Publisher: Springer Science & Business Media

Published: 2006-04-07

Total Pages: 438

ISBN-13: 0387252274

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Forensic psychologists and psychiatrists are increasingly asked to provide expertise to courts and attorneys in the criminal justice system. To do so effectively, they must stay abreast of important advances in the understanding of legal standards as well as new developments in sophisticated measures and the methods for their assessment. Fundamentals of Forensic Practice is designed to address the critical issues that are faced by mental health experts in their role of conducting assessments, presenting findings, and preparing for challenges to admissibility and credibility. Uniquely practical and comprehensive, this volume operationalizes legal standards and describes empirically validated methods for their evaluation. Not only is this essential for mental health professionals, but it is equally valuable to criminal attorneys. Lawyers require both clinical knowledge and understanding of legal standards in order to prepare their own experts and to challenge those on the opposing side. For both clinical and legal experts Fundamentals of Forensic Practice offers a full view of all phases of criminal proceedings: - Pretrial—diversion, determinations of bail, waivers of Miranda rights, and the capacity to consent to searches. - Trial—competency to stand trial and criminal responsibility. Beyond insanity, the latter addresses mens rea, automatism, and psychological context evidence, such as battered-woman syndrome. - Post-trial—sentencing, capital sentencing, competency to be executed, and other post-conviction issues. Other key features include: - Chapters on specific criminal issues in a consistent format, with comprehensive coverage of legal standards and relevant clinical methods - Guidelines for conducting more effective forensic evaluations - In-depth coverage of specialized assessments, eg. malingering, sexual predator cases, and the insanity defense. - A detailed overview of direct and cross-examination strategies This book is the second collaboration between Rogers and Shuman. As individual authors, each received the American Psychiatric Association’s prestigious Guttmacher Award for their outstanding contributions to forensic psychiatry.

Moral Responsibility and the Psychopath

Author: Jim Baxter

Publisher: Cambridge University Press

Published: 2021-09-16

Total Pages: 223

ISBN-13: 1316516865

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Draws on insights from several disciplines to answer questions of widespread interest about how to understand and treat psychopaths.

DSM-5 and the Law

Author: Charles L. Scott

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 305

ISBN-13: 0199368465

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Resource added for the Paralegal program 101101.

Smith, Hogan, and Ormerod's Criminal Law

Author: David Ormerod

Publisher: Oxford University Press

Published: 2021

Total Pages: 1223

ISBN-13: 0198849702

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Smith, Hogan, & Ormerod's Criminal Law is rightly regarded as the leading doctrinal textbook on criminal law in England and Wales. The book owes its consistent popularity to its depth of analysis, breadth of coverage, and accessible style. Over fifty years since the publication of the first edition, Professor David Ormerod and Karl Laird continue the tradition set down by Professors Sir John Smith and Brian Hogan by producing a textbook of unrivalled quality. The text continues to be an invaluable resource for undergraduate students and an essential reference source for criminal law practitioners. Digital formats and resources The sixteenth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks A selection of online resources accompany this text, including: - A selection of additional online chapters - A full bibliography arranged alphabetically and by chapter - Annual updates