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The Insanity Defence

- International and Comparative Perspectives
Engelsk Hardback

The Insanity Defence

- International and Comparative Perspectives
Engelsk Hardback
Tjek vores konkurrenters priser
More than any other defence in the criminal law, the insanity defence has, and continues to be, the subject of heated debate. Yet too little is known about how the insanity defence operates in different jurisdictions, including in the United Kingdom and Ireland. In this book, Mackay and Brookbanks, and their team of expert contributors, explore the theory and practice around the insanity defence and analyse its diverse influence and manifestations across a wide range of common law and civil law jurisdictions.Typically, the insanity defence, as exemplified in the M''Naghten Rules, represents a foundational aspect of criminal responsibility, although in some jurisdictions it serves only to define degrees of mental capacity. However, what all jurisdictions have in common is the high and increasing incidence of mental illness and impairment challenging existing constructions of an exculpatory rule. This book explores in detail the origins and operation of the M''Naghten Rules as well as the eclectic nature of the insanity defence, its highly variable linguistic expression, and the diverse social policy mandates it seeks to embrace. The Insanity Defence will reinvigorate the debate about the defence by discussing both its theoretical basis and exploring how different jurisdictions approach the insanity plea, not only in relation to an appropriate test and how it operates, but also from the perspective of disposal and how those who use the insanity defence successfully are dealt with.This book will be of interest to researchers, academics, and advanced students with an interest in criminal law internationally, as well as to those involved in the development of policy and legislation.
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More than any other defence in the criminal law, the insanity defence has, and continues to be, the subject of heated debate. Yet too little is known about how the insanity defence operates in different jurisdictions, including in the United Kingdom and Ireland. In this book, Mackay and Brookbanks, and their team of expert contributors, explore the theory and practice around the insanity defence and analyse its diverse influence and manifestations across a wide range of common law and civil law jurisdictions.Typically, the insanity defence, as exemplified in the M''Naghten Rules, represents a foundational aspect of criminal responsibility, although in some jurisdictions it serves only to define degrees of mental capacity. However, what all jurisdictions have in common is the high and increasing incidence of mental illness and impairment challenging existing constructions of an exculpatory rule. This book explores in detail the origins and operation of the M''Naghten Rules as well as the eclectic nature of the insanity defence, its highly variable linguistic expression, and the diverse social policy mandates it seeks to embrace. The Insanity Defence will reinvigorate the debate about the defence by discussing both its theoretical basis and exploring how different jurisdictions approach the insanity plea, not only in relation to an appropriate test and how it operates, but also from the perspective of disposal and how those who use the insanity defence successfully are dealt with.This book will be of interest to researchers, academics, and advanced students with an interest in criminal law internationally, as well as to those involved in the development of policy and legislation.
Produktdetaljer
Sprog: Engelsk
Sider: 416
ISBN-13: 9780198854944
Indbinding: Hardback
Udgave:
ISBN-10: 0198854943
Udg. Dato: 15 dec 2022
Længde: 30mm
Bredde: 242mm
Højde: 164mm
Forlag: Oxford University Press
Oplagsdato: 15 dec 2022
Forfatter(e):
Forfatter(e)


Kategori Lovgivning om forsorg for psykisk syge


ISBN-13 9780198854944


Sprog Engelsk


Indbinding Hardback


Sider 416


Udgave


Længde 30mm


Bredde 242mm


Højde 164mm


Udg. Dato 15 dec 2022


Oplagsdato 15 dec 2022


Forlag Oxford University Press

Kategori sammenhænge