NCJ Number
34677
Journal
Columbia Law Review Volume: 76 Issue: 2 Dated: (MARCH 1976) Pages: 236-266
Date Published
1976
Length
31 pages
Annotation
DEVELOPMENT OF A DOCTRINE OF LAW DEFINING THE RELATION BETWEEN MENTAL DISABILITY AND CRIMINAL RESPONSIBILITY.
Abstract
CONCEPTS WHICH ARE VALID FOR LAW, MORALITY, AND COMMON SENSE ARE DISCUSSED AND DEVELOPED IN DETAIL IN RELATION TO RELEVANT LEGAL AND SCIENTIFIC BACKGROUND. THE MAJOR BENEFIT IN USING THE DISABILITY OF MIND DOCTRINE PROPOSED IN THE ARTICLE TO ANALYZE INDIVIDUAL CASES IS THAT IT IS NOT HINDERED BY THE OBSCURITIES INHERENT IN SPECIAL DEFENSES SUCH AS INSANITY, DIMINISHED MENTAL CAPACITY, ABSENCE OF SPECIFIC INTENT DUE TO INTOXICATION, AND UNCONSCIOUSNESS. THE AUTHOR FEELS THAT THIS PROTECTS THE FUNDAMENTAL PRINCIPLE OF COMMON LAW JUSTICE - THAT A PERSON NOT BE CRIMINALLY CONDEMNED FOR HARMS FOR WHICH HE IS NOT RESPONSIBLE - WHILE PROVIDING A SIMPLY FORMULATED POLICY WITH DUE REGARD TO SOCIAL PROTECTION.