Legal Insanity: Explorations in Psychiatry, Law, and Ethics


Book Description

This book examines core issues related to legal insanity, integrating perspectives from psychiatry, law, and ethics. Various criteria for insanity are analyzed and recommendations for forensic psychiatric and legal practice are offered. Many legal systems have an insanity defense, in one form or another. Still, it remains unclear exactly when and why mental disorders affect a person’s moral or criminal responsibility. Questions addressed in this book include: Why should insanity be a component of our legal system? What should be the criteria for an insanity defense? What would be the reasons for abolishing it? Who should bear the burden of proof? Furthermore, the book discusses the impact neurosciences may have on psychiatric and psychological evaluations of defendants as well as on legal decisions about insanity.




Psychiatry — Law and Ethics


Book Description

The prostitution of the German psychiatric profession into a Nazi inquisitional tool was a major factor producing the total degradation of German medicine and moral ity. Its low point was its psychiatrists killing the patients they were sworn to care for, and its other physicians performing inhuman experiments on patients they were pledged to treat. In America also, psychiatry has been performing some of the functions of an In quisition: injuring innocents, both patients and dissenters, and exculpating crimi nals, terrorists especially. Innocents are being injured both in and out of psychiatric hospitals. The in creased fragmentation of care, the augmentation of its discontinuities, and assign ing the responsibility for organizing it to non-medical managers are some of the fac tors worsening the treatment results of our hospitals. Wrongful deaths, due largely to the specialty's intoxication with drugs while ignoring the importance of common human decency, have become a national scandal.







Psychiatry in Law / Law in Psychiatry, Second Edition


Book Description

Psychiatry in Law/Law in Psychiatry, 2nd Edition, is a sweeping, up-to-date examination of the infiltration of psychiatry into law and the growing intervention of law into psychiatry. Unmatched in breadth and coverage, and thoroughly updated from the first edition, this comprehensive text and reference is an essential resource for psychiatry residents, law students, and practitioners alike.




Insanity on Trial


Book Description

The insanity defense debate has come full circle, again. The current round began when John Hinckley opened fire; in 1843, it was Daniel M'Naghten who pulled the trigger; the "acts" of both would-be "insanity acquittees" provoked the press, the populace, a President, and a Queen to expressions of outrage, and triggered Congress, the House of Lords, judges, jurists, psychologists, and psychiatrists to debate this most maddening matter. "Insanity" -which has historically been surrounded by defenses, defen ders, and detractors-found itself once again under siege, on trial, and undergoing rigorous cross-examination. Treatises were written on the sub ject, testimony was taken, and new rules and laws were adopted. The dust has settled, but it has not cleared. What is clear to me is that we have got it wrong, once again. The "full circle" analogy and historical parallel to M'Naghten (1843) warrant some elaboration. Hinckley's firing at the President, captured by television and rerun again and again, rekindled an old debate regarding the allegedly insane and punishment (Caplan, 1984; Maeder, 1985; Szasz, 1987), a debate in which the "insanity defense" is centrally situated. The smolderings ignited anew when the Hinckley (1981) jury brought in its verdict-"not guilty by reason of insanity" (NGRI).




Mental Health and Law


Book Description




Treatment Without Consent


Book Description

Phil Fennell's tightly argued study traces the history of treatment of mental disorder in Britain over the last 150 years. He focuses specifically on treatment of mental disorder without consent within psychiatric practice, and on the legal position which has allowed it. Treatment Without Consent examines many controversial areas: the use of high-strength drugs and Electro Convulsive Therapy, physical restraint and the vexed issue of the sterilisation of people with learning disabilities. Changing notions of consent are discussed, from the common perception that relatives are able to consent on behalf of the patient, to present-day statutory and common law rules, and recent Law Commission recommendations. This work brings a complex and intriguing area to life; it includes a table of legal sources and an extensive bibliography. It is essential reading for historians, lawyers and all those who are interested in the treatment of mental disorder.




Law, Liberty and Psychiatry


Book Description

1 copy located in CIRCULATION.




Critical Issues in American Psychiatry and the Law


Book Description

As President of the American Academy of Psychiatry and the Law (AAPL), it is a pleasure to write this foreword. Dr. Richard Rosner deserves full credit for helping AAPL pursue its educational goals by publishing a series of books. Consumerism and the civil rights movement have dramatically changed the practice of American psychiatry over the last 2 decades. Extensive legal regulation now makes it necessary for both general and forensic psychiatrists to keep abreast of changing laws. The contents of Volume II of Critical Issues in American Psychiatry and the Law demonstrate Dr. Rosner's gift for selecting and editing important theoretical and practical articles. This volume addresses a broad range of forensic issues. The pen dulum-like swings of laws regarding civil commitment and insanity are clearly illuminated by Dr. Quen's contribution, "Violence, Psychiatry, and the Law." A review of historical psychiatric testimony supporting insanity defenses on the bases of homicidal mania, moral insanity, and phrenological evidence should make modern forensic psychiatrists hum ble. However, some of our colleagues continue to testify that defendants were unable to refrain from criminal conduct because of CT evidence of schizophrenia, pathological gambling, or the effects of junk food. Excellent theoretical discussions are presented by Dr. Macklin ("A Philosophical Perspective on Ethics and Forensic Psychiatry") and Mr. Hughes ("Legal Aspects of Predicting Dangerousness"). These chapters present thorough, up-to-date, scholarly analyses of complex issues from the vantage point of non psychiatrists.




Insanity and the Criminal Law


Book Description