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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Mental State Defences in Criminal Law (eBook)

ISBN13: 9781409483311
Published: September 2012
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: eBook (ePub)
Price: £95.00 + £19.00 VAT
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By presenting an interdisciplinary analysis of various factors which inform mental state defences in criminal law, this book provides several practical and robust reform proposals.

Three objectives underpin the suggested reform proposals: first, to ensure that an accused will not be held responsible for involuntary conduct even whilst aware of both the nature and quality of such conduct, second, to provide principled means by which to establish the responsibility of an individual in a state of drug-induced psychosis, and third, to ensure that criminal conduct arising from a state of 'impaired consciousness' does not automatically result in an outright acquittal.

By exploring appropriate boundaries for the defence of insanity and the doctrine of automatism, this book suggests a consistent and principled approach to the reform of mental state defences. In illustrating the competing demands which must be balanced in order to secure such an approach to the reform of mental state defences the book will be relevant to all common law countries.

Criminal Law, Mental Health Law, eBooks
Introduction: general themes, reform, chapter overview
Mental state defences: insanity and automatism
'Disease of the mind': individual justice and societal protection
Drug use and the defence of insanity
Volitional insanity: involuntariness, injustice, and cognitive impairment
Involuntary conduct: defence of 'impaired consciousness'
Conclusion: summary