Anglo-American Insanity Defence Reform: The War Between Law and Medicine

Hardcover
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Author: Faye Boland

ISBN-10: 1840147164

ISBN-13: 9781840147162

Category: Criminal Law

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This book examines the magnitude of the polemic surrounding each attempt to reformulate the insanity defence in the United States, England and Ireland. At the heart of the controversy surrounding each reformulation has been a medico-legal tension over the wording of the insanity defence and whether law or psychiatry's view of insanity should prevail. The book looks at the success of the English diminished responsibility defence in abating the controversy. The result of introducing this defence has been the emergence of the legal and medical professions from a state of cold war to entente cordiale. The book explores the reasons for the diminished responsibility defence's success in resolving the polemic over the insanity defence. Booknews Examines the debate surrounding attempts to reformulate the insanity defense in the US, England, and Ireland. Critiques phases in the evolution of the insanity defense, such as the defense of irresistible impulse and the American Law Institute's test of insanity, and looks at the heart of controversy surrounding each reformulation: the wording of the insanity defense and whether law or psychiatry's view of insanity should prevail. Looks at origins of the English diminished responsibility defense, and explores reasons for its success. Annotation c. Book News, Inc., Portland, OR (booknew.com)

PrefaceTable of StatutesTable of Cases1The McNaghten Rules12The Defence of Irresistible Impulse233United States Reform Post Irresistible Impulse564Butler and Beyond865The Homicide Act, 1957 and Its Origin986The Defence of Diminished Responsibility in English Law1257Conclusions170Bibliography173Index190