Discusses the criminal responsibility of the mentally ill, looks at involuntary conduct, and argues that mental illness should affect sentencing, but not determine guilt or innocence

Bringing together previously disparate discussions on criminal responsibility from law, psychology, and philosophy, this book provides a close study of mental incapacity defences, tracing their development through historical cases to the modern era.

The insanity defense is one of the oldest fixtures of the Anglo-American legal tradition. Though it is available to people charged with virtually any crime, and is often employed without controversy, homicide defendants who raise the insanity defense are often viewed by the public and even the legal system as trying to get away with murder. Often it seems that legal result of an insanity defense is unpredictable, and is determined not by the defendants mental state, but by their lawyers and psychologists influence. From the thousands of murder cases in which defendants have claimed insanity, Doctor Ewing has chosen ten of the most influential and widely varied. Some were successful in their insanity plea, while others were rejected. Some of the defendants remain household names years after the fact, like Jack Ruby, while others were never nationally publicized. Regardless of the circumstances, each case considered here was extremely controversial, hotly contested, and relied heavily on lengthy testimony by expert psychologists and psychiatrists. Several of them played a major role in shaping the criminal justice system as we know it today. In this book, Ewing skillfully conveys the psychological and legal drama of each case, while providing important and fresh professional insights. For the legal or psychological professional, as well as the interested reader, Insanity will take you into the minds of some of the most incomprehensible murderers of our age.

Discusses the criminal responsibility of the mentally ill, looks at involuntary conduct, and argues that mental illness should affect sentencing, but not determine guilt or innocence

This book provides an authoritative and highly readable review of the relationship between madness and crime by one of the leading authorities in the field. The book is divided into four parts, each essay focusing on selected features of madness which have relevance to contemporary society. Part 1 is about madness itself, exploring three main models − cognitive, statistical, and emotional. Part 2 is a short discussion on madness, genius and creativity. Part 3 is about the much neglected area of compulsion, an issue that has largely disappeared from public debate. The mad may have moved from victim to violator, yet fundamental questions remain − in particular how to justify compulsory detention, and who should undertake the process? The answers to these questions have sociological, ethical and jurisprudential elements, and cannot just re resolved by reference to medical authorities. Part 4 is about the links between madness and crime − focusing less on the question and nature of criminal responsibility and the various defences that go with this, more on the links between madness and crime and which particular crimes are linked with which types of disorder.

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.

The insanity defense has become the most passionately debated issue in criminal law, a debate marked by slogans and stereotypes. Mr. Goldstein offers a reasoned study of that debate and the current rules behind the law, as well as a careful examination of what might be expected from any new rules now proposed.