The Royal Road to the Criminal Law’s Concept of the Psychology of Persons

2020 ◽  
pp. 143-204
Author(s):  
Michael S. Moore
Keyword(s):  
Mental Illness ◽  
Criminal Law ◽  
Mentally Ill ◽  
Moral Agency ◽  
Criminal Liability ◽  
Psychological Characteristics ◽  
Central Focus ◽  
Royal Road ◽  
As If

One of the most famous excuses from responsibility and defenses to criminal liability is insanity. The doctrines of insanity are the royal road to grasping the nature of personhood presupposed by both morality and the criminal law. This is because the insane are thought to lack that which makes us accountable agents. The doctrines defining legal insanity are thus examined at some length, probing such doctrines for their suppositions about what psychological characteristics sane persons must possess to be responsible agents. Considerable stripping away from standard doctrines of insanity is needed to reveal the defense’s presuppositions about personhood and moral agency. For those standard doctrines treat insanity as if it were an ordinary excuse like mistake or coercion, just one incidentally limited to those offenders who are mentally ill. Whereas in fact insanity excuses independently of both the cognitive excuses of mistake and of the volitional excuses of coercion, and it does so because of the defense’s central focus on mental illness. Because of their mental illness those who are legally insane lack something more basic than the cognitive and volitional defects on which the defenses of mistake and coercion are based; those who are legally insane lack the moral agency possessed by sane adult persons. This is why this sui generis excuse of insanity affords such a unique opportunity to probe law and morality’s suppositions of what persons must be like to be responsible agents.

scholarly journals An Analysis of the Death Penalty in Indonesia Criminal Law

2017 ◽  
Vol 1 (2) ◽  
pp. 191 ◽  
Author(s):  
Eddy Rifai
Keyword(s):  
Mental Illness ◽  
Death Penalty ◽  
Criminal Law ◽  
Judicial Review ◽  
Mentally Ill ◽  
Criminal Code ◽  
Constitutional Court ◽  
Legal Policy ◽  
The Public ◽  
Public Reaction

This research uses normative juridical approach to study on the analysis of the death penalty executions and the legal policy of death executions in Indonesia. There are delays on death executions for the convicted person since they entitled to using rights namely filing a judicial review (PK/Peninjauan Kembali). Furthermore, the legal loophole in the execution of the death penalty by the publication of the Constitutional Court Number 107 / PUU-XIII / 2015 which assert that the Attorney as the executor can ask the convicted person or his family whether to use their rights or not if the convict clearly does not want to use his rights, the executions will be carried out. Legal policy on threats and the implementation of the death penalty in the draft of criminal code was agreed by draftsman of the bill with the solutions. The draftsman of the bill agrees that the death penalty will be an alternative punishment sentenced as a last resort to protect the society. The bill also regulates that the execution among others include that the execution can be delayed by ten years probations. If the public reaction on the convict is not too large or convict has regret and could fix it or the role in the crime is not very important and there is a reason to reduce punishment, the death penalty may be changed. For pregnant women and the mentally ill convicts the execution can only be carried after the birth and the person has recovered from mental illness. The existence of this solutions is still kept putting the death penalty in criminal law, whereas the effectiveness of the death penalty is scientifically still in doubt to solve crimes and to prevent crimes by the death penalty punishment.

scholarly journals CIVIL LIABILITY OF THE MENTALLY DISORDERED PEOPLE

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Mahdis Riahy ◽  
Mahdi Esmaeile
Keyword(s):  
Criminal Law ◽  
Mentally Ill ◽  
Criminal Liability ◽  
Common Law ◽  
Legal Protection ◽  
Civil Liability ◽  
Case Law ◽  
Mentally Disordered ◽  
Iranian Law ◽  
Injured Party

Nowadays, mental disorders are some of the most common diseases in our societies. In most cases mentally disordered people will be having problems with the environment which they live, people around them and even themselves; with the probability of causing damage. The question is does the mentally disordered individual counts responsible for the consequences of his actions or not? If yes, then what type of liability is on his burden and who is responsible for redressing the damages? In any case, which a person is forced to redress another individuals damage he has civil liability against the injured party. Civil liability is a rational and jurisprudential principle, and also a legal maxim that guaranties remedies for faults of individuals inside a contract or any damages done by the acts of individuals outside of a contract. Considering the legal protection Provided for the incapacitated; liability of incapacitated individuals is an important subject of civil and criminal law. Since the sinister intention is essential for criminal liability; the minor and the insane do not have any criminal liability but insanity and minority are not among the disclaimers of civil liability. In some legal systems such as “Common Law” Civil liability of the incapacitated individuals and their wardens is under the rule of general civil liability regulation. However, in Iran I.R. liability of the incapacitated is clearly recognized by the article “1216” of Iranian Civil Code. In respect of the above, we will be researching about the psychotic and mentally ill individuals and their liability in Jurisprudence and Iranian Case Law. Point of this research is to clarify the conditions of the insane and mentally disordered in Iranian Law and the support given to them by the Legislators

scholarly journals Problematic issues of Criminal and Criminal Procedural Legislation in Applying Coercive Medical Measures

2020 ◽  
Vol 89 (2) ◽  
pp. 258-270
Author(s):  
D. V. Turenko
Keyword(s):  
Mental Illness ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Proceedings ◽  
Procedural Law ◽  
Modern Development ◽  
Procedural Code ◽  
Forensic Psychiatric ◽  
Main Component

The author of the article proves that the possibility for a court to apply coercive medical measures to an insane person who has committed a socially dangerous act is regulated by the norms of the law on criminal liability and the provisions of the criminal procedural legislation of Ukraine. Their implementation is carried out in the interaction of substantive and procedural law, in particular in certain forms of criminal liability and in measures that are not covered by criminal liability, but are called criminal coercion, and is resolved through individual procedural institutions. The scientific positions of certain scholars and representatives of scientific schools on these issues were studied. On their basis the author expressed a number of own conclusions on problematic and debatable areas and issues raised in the article. Based on the results, the author of the article made some conclusions about the application of coercive medical measures: establishing the fact of committing a criminal offense by a specific person; after a forensic psychiatric examination to determine that such a person is mentally ill and according to its results cannot be sane; such a person is socially dangerous to society and must be isolated for the period of involuntary treatment. In the absence of at least one of the elements of the specified structure, coercive medical measures cannot be applied. The author made generalization, based on the initial provision that the main component of criminal liability is the conviction of a person, the adoption of a court conviction, which provides a legal assessment of the act and the specific person who committed it. Comparison of the current criminal and criminal procedural legislation provides an opportunity to assess coercive medical measures by coercive measures of a criminal law nature, as those used in criminal law relations against persons who committed a socially dangerous act, are ill with certain types of mental illness at the moment of the commission of a crime. The tendency of modern development of the direction in criminal law about delimitation of concepts and essence of "release of the person from criminal liability" and "punishment" from "exclusion of such responsibility" and existence and allocation at the same time of other direction - "criminal coercion" is distinguished. At the same time, the conclusions concerning persons who fell ill with a mental illness after the commission of a crime or while serving a sentence in places of imprisonment that relate to the procedural mechanism of temporary suspension of the imposed criminal punishment, were singled out. The results of the study of criminal and criminal procedural legislation on the application of coercive medical measures confirm and present the mechanism of interaction and implementation of substantive and procedural legislation to ensure the objectives of criminal proceedings under the Art. 1 of the Criminal Code and the Art. 2 of the Criminal Procedural Code of Ukraine.

Socio Demographic and Clinical Profile of Indoor Female Patients of RINPAS

2017 ◽  
Vol 8 (1) ◽  
pp. 33
Author(s):  
Rajni Suri ◽  
Anshu Suri ◽  
Neelam Kumari ◽  
Amool R. Singh ◽  
Manisha Kiran
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Mentally Ill ◽  
Mental Health Problems ◽  
Demographic Data ◽  
Relevant Information ◽  
Health Problems ◽  
High Rate ◽  
Physical And Mental Health ◽  
Cross Sectional

The role of women is very crucial in our society. She cares for her parents, partner, children and other relatives. She performs all types of duties in family and also in the society without any expectations. Because of playing many roles, women often face many challenges in their life including both physical and mental. Mental health problems affect women and men equally, but some problems are more common among women including both physical and mental health problems. Aim of the study - The present study is aimed to describe and compare the clinical and socio-demographic correlates of female mentally ill patients. Methods and Materials: The study includes 180 female mentally ill patients based on cross sectional design and the sample for the study was drawn purposively. A semi structured socio-demographic data sheet was prepared to collect relevant information as per the need of the study. Result: The present study reveals that the socio-demographic factors contribute a vital role in mental illness. Findings also showed that majority of patients had mental problems in the age range of 20-30 have high rate. Illiterate and primary level of education and daily wage working women as well as low and middle socio-economic status women are more prone to have mental illness. Other factors like marital status, type of family and religion etc also important factors for mental illness. Keywords: Socio demographic profile, female, psychiatric patient

Muslim mass shooters are perceived as less mentally ill and more motivated by religion

2017 ◽  
Author(s):  
Brett Gregory Mercier ◽  
Azim Shariff ◽  
Adam Norris
Keyword(s):  
Mental Illness ◽  
Mentally Ill ◽  
News Article ◽  
Mass Shootings ◽  
Negative Attitudes ◽  
Extremist Groups

Objective: We test whether prejudice can influence lay attributions of mental illness to perpetrators of violence. Specifically, we examine whether people with negative attitudes towards Muslims perceive Muslim mass shooters as less mentally ill than non-Muslim shooters. Method: Study 1 compares attributions of mental illness to Muslim and non-Muslim perpetrators of recent mass shootings. Studies 2 and 3 experimentally test whether a mass shooter described in a news article is seen as less mentally ill when described as being a Muslim, compared to when described as a Christian (Study 2) and to when religion is not mentioned (Study 3). Study 4 tests whether a Muslim shooter is seen as less mentally ill than a Christian shooter, even when both shooters have symptoms of mental illness. Results: In all studies, Muslim shooters were seen as less mentally ill than non-Muslim shooters, but only by those with negative views towards Muslims. Conclusion: Those with anti-Muslim prejudices perceive Muslim mass shooters as less mentally ill, likely to maintain culpability and fit narratives about terrorism. This may reinforce anti-Muslim attitudes by leading those with anti-Muslim prejudice to overestimate the amount of violence inspired by groups like ISIS relative to extremist groups from other ideologies.

MAIN SPECIFICATIONS OF ASSESSING ACTIVITIES OF MINOR IMPORTANCE OF IN MODERN CRIMINAL LAW

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 83-95
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Case Law ◽  
Criminal Code ◽  
The Other ◽  
European Countries ◽  
Minor Importance ◽  
Detailed Review

The research includes the full and the detailed overview of assessing activities of minor importance in Georgian Criminal Law. The Article 7 of the Criminal Code of Georgia states the following: a crime shall not be an action that, although formally containing the signs of a crime, has not produced, for minor importance, the prejudice that would require criminal liability of its perpetrator, or has not created the risk of such harm. The research includes the main criteria of defining activities as activities of minor importance. The detailed review of Georgian case law is also introduced, as well as, legislation, judicial literature and experience of the other European countries.

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