NCJ Number
43820
Date Published
1972
Length
279 pages
Annotation
FUNDAMENTAL ISSUES IN THE AREA OF CRIMINAL LAW FORENSIC PSYCHIATRY ARE ADDRESSED. THE ANALYSIS ATTEMPTS TO PROVIDE A BETTER UNDERSTANDING AND APPLICATION OF THE BROADER CONCEPT OF CRIMINAL RESPONSIBILITY.
Abstract
THE TRADITIONALLY ACCEPTED INSANITY TEST OR DEFINITION SERVES AS THE BASIS OF DISCUSSION. THE AUTHOR PROBES THE CONCEPT OF MENTAL DISEASE AND DISCUSSES THE RELATION BETWEEN PSYCHIATRY AND LAW. PSYCHIATRIC AND LEGAL TERMS ARE COMPARED, FOCUSING ON THE FEATURES OF PSYCHIATRY'S ACTUAL DOCTRINE AND PRACTICE BY IDENTIFYING SIMILARITIES BETWEEN THE PSYCHIATRIC AND THE CRIMINAL APPROACH. IT IS NOTED THAT PSYCHIATRIC UNDERSTANDING OF HUMAN CONDUCT USES KEY EXPLANATORY CONCEPTS WHICH ARE THE SAME AS, OR SIMILAR TO, THE MENTAL CONCEPTS OF COMMON SENSE AND OF LAW. THE CENTRAL ROLE OF MORAL CONCEPTS AND ISSUES IN PSYCHIATRY IS DISCUSSED. LEGAL CONCEPTS OF INSANITY ARE EXAMINED AND THE REQUIREMENTS TO SATISFY A DEFINITION OF MENTAL DISEASE ARE SET FORTH. THE AUTHOR DISCUSSES INSANITY AND IRRATIONALITY, THE MEANING OF 'RATIONAL' IN THE CONTEXT OF INSANITY, AND PRESENTS A GENERAL DEFINITION OF INSANITY ALONG WITH A DEFINITION OF CRIMINAL INSANITY. THE AUTHOR'S DEFINITION OF CRIMINAL INSANITY DESCRIBES AN INDIVIDUAL WHOSE MENTAL MAKEUP AT THE TIME OF THE OFFENDING ACT WAS SUCH THAT HE/SHE WAS INCAPABLE OF ACTING RATIONALLY WITH RESPECT TO THE CRIMINALITY OF HIS/HER CONDUCT. PRACTICAL APPLICATIONS OF THE PROPOSED DEFINITION ARE EXPLORED; THE TOPICS DISCUSSED CONCERN STANDARD PSYCHIATRIC DIAGNOSES AND SPECIFIC LEGAL INSANITY TESTS IN USE. A BIBLIOGRAPHY IS APPENDED.