scholarly journals The offence/defence of infanticide: A view from two perspectives

2018 ◽  
Vol 82 (6) ◽  
pp. 470-481
Author(s):  
Helen Howard
Keyword(s):  
Mental Disorder ◽  
Postnatal Depression ◽  
Criminal Responsibility ◽  
Medical Condition ◽  
Moral Agent ◽  
Theoretical Rationale ◽  
After Effects ◽  
The Status ◽  
Not Criminally Responsible ◽  
Women Who Kill

This article asks whether the time is right for abolition of the offence/defence of infanticide. To this end, a two-pronged approach is taken, examining infanticide initially as an offence, and then as a defence. In terms of the offence of infanticide, consideration is given both to the concept of the ‘infanticidal mother’ and to the status of infants below the age of 12 months. When considering the defence of infanticide, examination is made of the exclusive nature of the defence and of the scope for an individual to be a ‘partial’ moral agent. The contradictory nature of infanticide, being both inculpatory and exculpatory, suggests the need for a theoretical rationale that justifies disallowing the offence/defence to, inter alia, those women who kill their own children over 12 months and to men who suffer similar ‘environmental’ postnatal depression. It is suggested that women who kill their children while suffering from the ‘after-effects’ of childbirth are either, depending on the severity of mental disorder, fully competent and therefore criminally responsible (although perhaps entitled to a lesser sentence due to a reduction in culpability) or fully incompetent, therefore incurring no criminal responsibility at all. This proposal can be achieved by recognising that there is a place for reduced culpability or a complete absence of responsibility to fall within the current defence of diminished responsibility or within the Law Commission’s recommended alternative to the insanity defence of ‘not criminally responsible by reason of recognised medical condition’.

Reassessing the Aftercare Treatment of Individuals Found not Guilty Due to a Mental Disability in Hunan, China: Supplemental Study into the Disposition of Mentally Ill Offenders after Forensic Psychiatric Assessment

2007 ◽  
Vol 41 (4) ◽  
pp. 337-342 ◽  
Author(s):  
Xiaoping Wang ◽  
Dengke Zhang ◽  
Shaoai Jiang ◽  
Yining Bai ◽  
Heather Ellis Cucolo ◽  
...  
Keyword(s):  
Mental Disorder ◽  
Mental Health Treatment ◽  
Criminal Responsibility ◽  
Psychiatric Treatment ◽  
Family Members ◽  
Mentally Ill Offenders ◽  
Psychiatric Assessment ◽  
Not Criminally Responsible ◽  
Forensic Psychiatric ◽  
Forensic Psychiatric Assessment

Objective: The purpose of the present paper was to examine the disposition of individuals in Hunan, China who are found not criminally responsible due to a mental disorder or defect. Method: Self-developed questionnaires were mailed to the family members of 240 patients who had received forensic psychiatric evaluations at the forensic psychiatric assessment center of Central South University, between 2001 and 2002. Results: One hundred and seventy questionnaires were fully completed and returned by the patients’ family members. According to the answers, 64.1% (109 patients) were found not criminally responsible due to a mental disorder or defect. In 87.6% of the cases, a judgement of guilty was in agreement with the psychiatrist's recommendation concerning criminal responsibility. A total of 61.8% of the patients found not guilty were discharged to their families and did not receive any further psychiatric treatment. Conclusion: In most cases, judicial decisions are consistent with a psychiatrist's opinion of criminal responsibility due to a mental disorder or defect. After such adjudication, further psychiatric treatment is often neglected due to the lack of resources and information. Hunan, China must make a continued investment into the availability and quality of outpatient mental health treatment for forensic patients after they have been discharged.

scholarly journals “Is Grief a Disease?”

2015 ◽  
Vol 71 (3) ◽  
pp. 272-279 ◽  
Author(s):  
Margaret Stroebe
Keyword(s):  
General Theory ◽  
Mental Disorder ◽  
Medical Research ◽  
Biopsychosocial Model ◽  
Medical Condition ◽  
Personal Communication ◽  
Starting Point ◽  
The Status ◽  
Classic Paper

In 1961, George Engel (1913–1999), founder of the innovative general theory of illness and healing known as the biopsychosocial model, wrote a classic paper entitled “Is Grief a Disease? A Challenge for Medical Research.” This article fuelled debate about the status of grief as a medical condition, with Engel’s question frequently taken as the starting point. But what did Engel really say: Was he actually arguing that grief is a disease? Has his position been accurately represented? Given that grief complications are currently under research investigation for potential diagnostic categorization as a mental disorder, it seems timely to reassess Engel’s historic contribution. I outline Engel’s arguments and illustrate the ensuing impact and interpretations of his position. I end with a personal communication from Engel, in which he elaborated why he posed this question, his purpose in writing the article, and his reason for considering that his “provocative title misfired.”

scholarly journals Between Punishment and Care: Autonomous Offenders Who Commit Crimes Under the Influence of Mental Disorder

2021 ◽  
Author(s):  
Thomas Hartvigsson
Keyword(s):  
Criminal Justice ◽  
Mental Disorders ◽  
Mental Disorder ◽  
Criminal Responsibility ◽  
Psychiatric Patients ◽  
Involuntary Treatment ◽  
Psychiatric Condition ◽  
Psychiatric Institutions

AbstractThe aim of this paper is to present a solution to a problem that arises from the fact that people who commit crimes under the influence of serious mental disorders may still have a capacity to refuse treatment. Several ethicists have argued that the present legislation concerning involuntary treatment of people with mental disorder is discriminatory and should change to the effect that psychiatric patients can refuse care on the same grounds as patients in somatic care. However, people with mental disorders who have committed crimes and been exempted from criminal responsibility would then fall outside the scope of criminal justice as well as that of the psychiatric institutions if they were to refuse care. In this paper, I present and develop a solution to how society should deal with this group of people, called Advance criminal responsibility. The basic idea being that if a person with a potentially responsibility exempting psychiatric condition refuses care, that person is responsible for any future criminal acts which are due to the mental disorder.

scholarly journals ISHARYŌ JAKO JAPOŃSKI SPOSÓB ZADOŚĆUCZYNIENIA ZA KRZYWDĘ W RAZIE ROZWODU

2019 ◽  
Vol 35 ◽  
pp. 121-136
Author(s):  
Rafał Andrzej ŁUKASIEWICZ
Keyword(s):  
Mental Disorder ◽  
Comparative Law ◽  
Moral Injury ◽  
Japanese Culture ◽  
The Status ◽  
Japanese Law

The purpose of this article is to present a compensation for moral injury connected with conjugal infidelity in Japanese Law (isharyō). The compensation for moral injury, which is sentenced because of a divorce could be divided into a compensation for mental disorder and a compensation for deprivation of the status in the society. To analyze this issue it is necessary to discuss context of Japanese culture and society. Furthermore, I present statistics which show factors that have influence on the amount of compensation. Finally, there are remarks on comparative law.

scholarly journals Legal Liability of the Deputies to NPC for Selling Ballots

2020 ◽  
pp. 86-90
Author(s):  
Zhou Heng
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Legal Liability ◽  
Public Officials ◽  
Standing Committee ◽  
The Status ◽  
Right To Vote ◽  
The Law ◽  
The Right ◽  
People's Congress

Deputies to people’s congresses enjoy the right to elect the personnel of a state organ, members of the Standing Committee of the People’s Congress at the same level and deputies to the People’s Congress at a higher level in accordance with the provisions of the law. Based on the official nature of the right to vote, deputies to NPC can not transfer their right to vote and sell votes. As selling ballots is an illegal exercise of their official duty, they should assume for corresponding criminal responsibility for the crime of undermining election and bribery provided in the Criminal Law of China. Moreover, delegates to NPC who have the status of public officials shall be included in the supervision , and strengthen the responsibility inquiry.

scholarly journals Battered woman syndrome and PTSD in women who kill their abusing partner: a study in medical jurisprudence

BJPsych Open ◽  
2021 ◽  
Vol 7 (S1) ◽  
pp. S266-S266
Author(s):  
Sharmilaa Lagunathan
Keyword(s):  
Battered Women ◽  
Medical Condition ◽  
Battered Woman ◽  
Law Reform ◽  
Rapid Review ◽  
Abused Women ◽  
Battered Woman Syndrome ◽  
Women Who Kill ◽  
Partial Defences ◽  
Diminished Responsibility

AimsThe aim of the study was to identify any symptoms or features of Battered Woman Syndrome (BWS) or Post-traumatic Stress Disorder (PTSD) that may be associated with, or explain, abused women killing their abuser; and the extent to which such identified symptoms or features have been deemed, or are potentially relevant, to past and now reformed partial defences to murder in English law. Hence two sub-studies were completed.MethodThe first sub-study identified mental symptoms of BWS or PTSD apparent in battered women who kill their abuser; achieved by identifying relevant research papers, through applying a ‘rapid review’ approach to three databases: PubMed, PsychInfo and PsychArticles. The second sub-study identified by legal research reported Court of Appeal (CA) judgments on women appealing their conviction of the murder of their abusive partner. It then analysed the legal approach taken towards evidence of the effects of abuse upon these women before and after relevant statutory law reform (although no CA cases were identified post-reform).ResultThe first sub-study identified and reviewed six symptoms or features, within three quantitative and three qualitative studies, that appeared to be associated with, or described by, abused women killing their abuser. These included helplessness, symptoms associated with PTSD, plus fear, isolation, experience of escalation of violence and cycle of violence. From the CA cases the perpetrators of killings that occurred prior to 04.10.2010 (the date of law reform) were usually successful in having their conviction overturned based upon diminished responsibility; but not provocation, because of the requirement of ‘sudden loss of self control’. ‘Loss of control’, which replaced provocation, appears highly likely to be capable of reducing murder to manslaughter based upon symptoms of BWS, or PTSD. However, the amended defence of diminished responsibility is likely to exclude evidence of BWS, but allow evidence of PTSD, because of its requirement of the defendant suffering from ‘a recognised medical condition’.ConclusionThis study demonstrated particular symptoms or features of BWS or PTSD associated with abused women killing their abusers plus their very different relevance to two partial defences to murder, pre and post law reform.

scholarly journals After the age of criminal responsibility: a defence for children who offend

2016 ◽  
Vol 67 (3) ◽  
pp. 327-341
Author(s):  
Claire McDiarmid
Keyword(s):  
Young People ◽  
Mental Disorder ◽  
Lived Experience ◽  
Public Interest ◽  
Developmental Psychology ◽  
Criminal Responsibility ◽  
Mens Rea ◽  
Criminal Process ◽  
England And Wales ◽  
The Public

In Scotland, the age of criminal responsibility is 8, although children cannot be prosecuted until they are 12. In England and Wales, for all purposes, the age is 10. This article argues that a further mechanism is needed to protect the young who do wrong within the criminal process and it argues for a new, bespoke defence, to be available to young people from the age of criminal responsibility until they attain the age of 18. It looks firstly at criminal capacity – what it is that needs to be understood fairly to hold anyone criminally responsible – and draws on material from developmental psychology and neuro-science, as well as looking at the child’s lived experience, to provide some evidence that the young may, without fault, lack this capacity. It then examines the use of age generally in law, and the age of criminal responsibility within this. Next, it considers existing lack of capacity defences – nonage, diminished responsibility, insanity (or mental disorder) and absence of mens rea – to consider their suitability for use by young and immature defendants. Finally, it presents a proposal for the form of the new defence, taking into account the need for balance with the public interest in conviction of the guilty. Throughout, it notes and analyses the Law Commission’s proposals in this respect.

Personality, belief in a just world, and attitudes toward criminal responsibility defenses: a preliminary study

2019 ◽  
Vol 5 (1) ◽  
pp. 1-12
Author(s):  
Robyn Mooney
Keyword(s):  
Mental Illness ◽  
Mental Disorder ◽  
Undergraduate Students ◽  
Criminal Responsibility ◽  
Business Students ◽  
Social Dominance Orientation ◽  
Dark Triad ◽  
Just World ◽  
Voir Dire ◽  
Content Type

Purpose In Canada, if it can be proven that a defendant was suffering from a mental disorder at the time they committed an offense, they can be found Not Criminally Responsible on Account of Mental Disorder (NCRMD). These cases are often decided by jury. The purpose of this paper is to examine the influence of the dark triad (DT), social dominance orientation (SDO) and belief in a just world (BJW) on undergraduate students’ attitudes toward the NCRMD defense. Design/methodology/approach A total of 421 undergraduate students completed questionnaires measuring SDO and the DT. After being primed for high, low or neutral BJW, they indicated their attitudes toward NCRMD. Findings The BJW manipulation had no effect on attitudes. High-SDO/DT participants held less favorable attitudes toward NCRMD than participants who scored low on these variables, F(1, 420)=20.65, p<0.01, η p 2 = 0.05 . Psychology and criminology students had significantly more favorable attitudes toward NCRMD than business students. Practical implications This study can be helpful in improving jury impartiality in trials involving mental illness and criminal responsibility; assessment of SDO and the DT; awareness of career roles relating to insanity defense bias; and improving the voir dire process. Originality/value The results of this study may be used to improve the voir dire process in trials involving the issue of mental illness and criminal responsibility and to preserve the impartiality of the jurors selected for these trials.

The Complexities of Criminal Responsibility and Persons With Intellectual and Developmental Disabilities: How Can Therapeutic Jurisprudence Help?

2020 ◽  
Vol 64 (12) ◽  
pp. 1733-1748
Author(s):  
Voula Marinos ◽  
Lisa Whittingham
Keyword(s):  
Developmental Disabilities ◽  
Criminal Responsibility ◽  
Child Pornography ◽  
Therapeutic Jurisprudence ◽  
Decision Makers ◽  
Intellectual And Developmental Disabilities ◽  
Mental Age ◽  
Problem Solving Courts ◽  
Not Criminally Responsible ◽  
Mandatory Sentence

This article examines issues regarding legal capacity and criminal responsibility relating to persons with intellectual and developmental disabilities (IDD). We examined the case of a 28-year-old male identified as having the mental age of an 8-year-old, accused of four counts of possessing child pornography in Ontario, Canada. If convicted, the offenses carried a minimum mandatory sentence of 1-year imprisonment. The defense attorney argued that since persons are not criminally responsible when they are chronologically less than 12 years old, the same ought to be extended to those with a mental age of less than 12. The Crown prosecutor asserted that the defense’s connection of disability to a lack of capacity reverts our conceptualization of persons with IDD back to a time when they were infantilized. Using therapeutic jurisprudence as a framework, we examined whether problem-solving courts (e.g., mental health court) could be used to address the needs of a person with IDD and offer a different understanding and potential solution to nonjudicial decision makers that satisfies the principles of both criminal responsibility and public safety.

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