NCJ Number
92629
Journal
California Western Law Review Volume: 19 Issue: 2 Dated: (1983) Pages: 269-287
Date Published
1983
Length
19 pages
Annotation
Defendants whose criminal acts are symptomatic of premenstrual tension should receive handling by the criminal justice system in such a manner as to produce the greatest benefit to both society and the individual.
Abstract
The most common psychological symptoms of premenstrual tension are depression, irritability, and lethargy. Stress increases the number and severity of the symptoms. Although generally not a problem in women under age 20, premenstrual tension is severe in about 20 percent of the female population. Studies of female offenders, psychiatric patients, and boarding school students indicate a relationship between the premenstrual syndrome and antisocial behavior. Court decisions in Great Britain and Canada have considered automatism and uncontrolled, impulsive behavior resulting from emotional shock, epilepsy, or diabetic hypoglycemia as defenses in criminal cases. The decision of the Appellate Court of Illinois in People v. Grant recognized the automatism defense. As a result of these decisions and a growing body of medical research, commentators have suggested the recognition of criminal defenses based on psychological dysfunction resulting from episodic physical conditions. They suggest the creation of variants of the insanity defense, of the impulsive or automatic act defense, or of the doctrine of diminished capacity to deal with such persons. Two issues related to this proposal are whether hormonal imbalance should be considered a defense or a mitigating factor and what type of punishment is appropriate for a defendant whose criminal conduct resulted from symptoms of premenstrual tension. Since the condition occurs during only part of the month, a woman might be committed to an appropriate medical institution during only part of the month, with the use of chemical therapy if appropriate. A total of 91 footnotes are provided.