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Vol 21 No 11 Nov/Dec 2016

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Manifest Madness: Mental Incapacity in the Criminal Law


ISBN13: 9780199698592
Published: April 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £73.00



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Whether it is a question of the age below which a child cannot be held liable for their actions, or the attribution of responsibility to defendants with mental illnesses, mental incapacity is a central concern for legal actors, policy makers, and legislators when it comes to crime and justice.

Understanding the terrain of mental incapacity in criminal law is notoriously difficult; it involves tracing overlapping and interlocking legal doctrines, current and past practices including those of evidence and proof, and also medical and social understanding of mental order and incapacity.

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

Subjects:
Criminal Law, Mental Health Law
Contents:
PART I
1. The Terrain of Mental Incapacity in Criminal Law
2. Putting Mental Incapacity Together Again
3. 'Manifest Madness': The Intersection of 'Madness' and Crime

PART II
4. Dynamics of Inclusion and Exclusion: Unfitness to Plead & Infancy
5. Incapacity and Disability: The Exculpatory Doctrines of Insanity and Automatism
6. Knowing and Proving Exculpatory Mental Incapacity

PART III
7. 'Since the Days of Noah': The Law of Intoxicated Offending
8. Gender, 'Madness', and Crime: The Doctrine of Infanticide
9. Differences of Degree and Differences of Kind: Diminished Responsibility
Bibliography