Insanity and Automatism a Discussion Paper – Summary for Non-Specialists
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Induced Intoxication
PARLIAMENT OF VICTORIA LAW REFORM COMMITTEE Criminal Liability for Self- Induced Intoxication REPORT Ordered to be Printed Melbourne Government Printer May 1999 No 53 Session 1998–99 Parliament of Victoria, Australia Law Reform Committee Melbourne Bibliography ISBN 0-7311-5265-4 Cover Design & Graphics: Paul Angus ii C OMMITTEE M EMBERSHIP CHAIRMAN *Mr Victor Perton, MP DEPUTY CHAIR *Mr Neil Cole, MP MEMBERS *Mr Florian Andrighetto, MP (Chairman Subcommittee) Ms Mary Delahunty, MP *Hon Carlo Furletti, MLC Hon Monica Gould, MLC *Mr Noel Maughan, MP Mr Alister Paterson, MP *Mr Tony Robinson, MP * denotes membership of Criminal Liability for Self-Induced Intoxication Inquiry Subcommittee The Committee’s address is — Level 8, 35 Spring Street MELBOURNE VICTORIA 3000 Telephone inquiries — (03) 9651 3644 Facsimile — (03) 9651 3674 Email — [email protected] Internet— http://www.lawreform.org.au iii iv C OMMITTEE S TAFF EXECUTIVE OFFICER AND DIRECTOR OF RESEARCH Mr Douglas Trapnell RESEARCH OFFICER Ms Jenny Baker OFFICE MANAGER Ms Angelica Vergara v vi C ONTENTS Committee Membership........................... ............................................................................................... iii Committee Staff ........................................................................................................................................v Chairman’s Foreword .............................................................................................................................. xi Functions of the Committee................................................................................................................... -
A Note on Moral Insanity and Psychopathic Disorders
A Note on MoralInsanity andPsychopathic Disorders F. A. WHITLOCK, Professor of Psychiatry, University ofQueensland, Australia Despite a good deal ofargument to the contrary (Maughs, today. The second patient was probably subject to attacks of 1941; Hunter and Macalpine, 1963; Walk, 1954; Walk and temporal lobe epilepsy with characteristic epigastric sensa Walker, 1961; Craft, 1965; Whitlock, 1967) it is still com tions rising into the neck and head, but without proceeding monly believed that Prichard's 'moral insanity' (1835) was to a grand mal convulsion. He was a man ofgood character, the forerunner of our present-day concept of psychopathic well aware of his tendency to violence during these episodes, (sociopathic) personality; the most recent example of this and made every effort to avoid harming others by warning appearing in the paper by Davies and Feldman (1981), who them of his attacks. The third patient, the one who was write: 'In 1801 Pinel described a condition termed by him liberated by a mob to whom he appeared rational, but then man;e sans delire, the notable feature of which was that the became infected by the prevailing excitement and laid about sufferer showed bouts of extreme violence but with no signs him with a sword with fatal effects, was almost certainly of psychosis ... Prichard confirmed Pinel's observation and suffering from mania as now understood. coined the term "moral insanity" which led to "a marked Prichard's cases were also diagnostically heterogenous. perversion of the natural impulses".' A number of modem They included cases of mania, manic-depressive psychosis, textbooks (Sim, 1974; Friedman el ai, 1975; Slater and epilepsy, obsessional neurosis, two possible schizophrenics Roth, 1977; Trethowan, 1979) also appear to regard moral and a 46-year-old man who almost certainly was showing insanity as the precursor of psychopathic disorder, although early signs of dementia. -
Mental Illness, Your Client and the Criminal Law: a Handbook For
MENTAL ILLNESS, CE YOUR CLIENT AND THE CRIMINAL LAW R A Handbook for Attorneys Who Represent Persons With Mental Illness RESOU T e x a s a p p l e s e e d • T e x a s T e c h U n i v e r s i T y s c h o o l o f l a w h o g g f o U n d a T i o n f o r M e n T a l h e a l T h Acknowledgments This fourth edition handbook is made possible by the Hogg Foundation for Mental Health. The original handbook was supported by the Hogg Foundation for Mental Health, Houston Endowment, and the Meadows Foundation. We would like to thank the following people for their contributions to this edition of the handbook: Brian Shannon, Jim Van Norman, M.D, Cindy Stormer, Jeanette Kinard, Floyd Jennings, Ph.D., Beth Mitchell, Kathryn Lewis, David Gonzales, and Raman Gill. A special thanks goes to Cindy Gibson with Disability Rights Texas for her review of Appendix B. We acknowledge contributions to prior editions from Ken Arfa, M.D.; Jay Crowder, M.D.; Joel Feiner, M.D.; and attorneys Nathan Dershowitz, Lynda Frost, Ph.D., Alexandra Gauthier, Jeanette Drescher Green, Debbie Hiser, Barry Johnson, Corinne Mason, and John Niland, as well as support from Reymundo Rodriguez and Jeff Patterson. Texas Appleseed 1609 Shoal Creek, Suite 201 Austin, Texas 78701 tel: (512) 473-2800 fax: (512) 473-2813 website: www.texasappleseed.net Texas Appleseed presents the information in this handbook as a service to attorneys who represent defendants with mental illness. -
Psychopathology and Crime Causation: Insanity Or Excuse?
Fidei et Veritatis: The Liberty University Journal of Graduate Research Volume 1 Issue 1 Article 4 2016 Psychopathology and Crime Causation: Insanity or Excuse? Meagan Cline Liberty University, [email protected] Follow this and additional works at: https://digitalcommons.liberty.edu/fidei_et_veritatis Part of the Criminology and Criminal Justice Commons, and the Social Psychology Commons Recommended Citation Cline, Meagan (2016) "Psychopathology and Crime Causation: Insanity or Excuse?," Fidei et Veritatis: The Liberty University Journal of Graduate Research: Vol. 1 : Iss. 1 , Article 4. Available at: https://digitalcommons.liberty.edu/fidei_et_veritatis/vol1/iss1/4 This Article is brought to you for free and open access by Scholars Crossing. It has been accepted for inclusion in Fidei et Veritatis: The Liberty University Journal of Graduate Research by an authorized editor of Scholars Crossing. For more information, please contact [email protected]. Cline: Psychopathology and Crime Causation: Insanity or Excuse? PSYCHOPATHOLOGY AND CRIME CAUSATION: INSANITY OR EXCUSE? By Meagan Cline One of the most controversial topics in the criminal justice industry is the "insanity defense" and its applicability or validity in prosecuting criminal cases. The purpose of this assignment is to identify and discuss psychopathology and crime causation in terms of mental illness, research, and the insanity defense. For this evaluation, information was gathered from scholarly research, textbooks, dictionaries, and published literature. These sources were then carefully reviewed and applied to the evaluation in a concise, yet informative, manner. This assignment also addresses some of the key terms in psychopathology and crime causation, including various theories, definitions, and less commonly known relevant factors influencing claims of mental instability or insanity. -
I PSYCHOPATHY and the INSANITY DEFENSE
i PSYCHOPATHY AND THE INSANITY DEFENSE: A GROUNDED THEORY EXPLORATION OF PUBLIC PERCEPTION BY ELISABETH KNOPP A thesis submitted in partial fulfillment of the requirements for the degree of Master of Arts in Forensic Psychology California Baptist University School of Behavioral Sciences 2017 ii © 2017 Knopp, Elisabeth All Rights Reserved iii Dedication This thesis is dedicated to Mitchell, the love of my life. Thank you for all the love and support throughout this writing process, all the pep talks, and helping me fight procrastination! You are my best friend, my favorite study buddy, and my best accountability partner! Without your positive attitude and encouragement, I may not have gotten through my numerous late night writing sessions. I would also like to dedicate this to my parents who have been there for me all the life and have always pushed me to do my best. I can’t imagine my life without your support and encouragement. You gave me so many opportunities to succeed and wouldn’t ever let me settle for less than my best. You have helped shape me into the person I am today. I wouldn’t be here without you! iv Acknowledgements I would like to thank my wonderful thesis chair, Dr. Anne-Marie Larsen, for her immense help while writing this thesis. Without your guidance, our brainstorming sessions, and all your assistance, I likely wouldn’t even have a completed thesis. Thank you for pushing me to take opportunities to present at conferences and colloquiums and better my resume through research. You have been an immense support to me during these two years and I have always valued your advice and encouragement. -
A Guide to Mental Illness and the Criminal Justice System
A GUIDE TO MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM A SYSTEMS GUIDE FOR FAMILIES AND CONSUMERS National Alliance on Mental Illness Department of Policy and Legal Affairs 2107 Wilson Blvd., Suite 300 Arlington, VA 22201 Helpline: 800-950-NAMI NAMI – Guide to Mental Illness and the Criminal Justice System FOREWORD Tragically, jails and prisons are emerging as the "psychiatric hospitals" of the 1990s. A sample of 1400 NAMI families surveyed in 1991 revealed that 40 percent of family members with severe mental illness had been arrested one or more times. Other national studies reveal that approximately 8 percent of all jail and prison inmates suffer from severe mental illnesses such as schizophrenia or bipolar disorders. These statistics are a direct reflection of the failure of public mental health systems to provide appropriate care and treatment to individuals with severe mental illnesses. These horrifying statistics point directly to the need of NAMI families and consumers to develop greater familiarity with the workings of their local criminal justice systems. Key personnel in these systems, such as police officers, prosecutors, public defenders and jail employees may have limited knowledge about severe mental illness and the needs of those who suffer from these illnesses. Moreover, the procedures, terminology and practices which characterize the criminal justice system are likely to be bewildering for consumers and family members alike. This guide is intended to serve as an aid for those people thrust into interaction with local criminal justice systems. Since criminal procedures are complicated and often differ from state to state, readers are urged to consult the laws and procedures of their states and localities. -
A Comparison of R. V. Stone with R. V. Parks: Two Cases of Automatism
ANALYSIS AND COMMENTARY A Comparison of R. v. Stone with R. v. Parks: Two Cases of Automatism Graham D. Glancy, MB, ChB, John M. Bradford, MB, ChB, and Larissa Fedak, BPE, MSc, LLB J Am Acad Psychiatry Law 30:541–7, 2002 Both the medical and legal professions recognize that The Diagnostic and Statistical Manual of Mental Dis- some criminal actions take place in the absence of orders, fourth edition (DMS-IV),3 does not define consciousness and intent, thereby inferring that these automatism, although it does include several diag- actions are less culpable. However, experts enter a noses, such as delirium or parasomnias, that could be legal quagmire when medical expert evidence at- the basis for automatism. tempts to find some common meaning for the terms The seminal legal definition is that of Lord Den- “automatism” and “unconsciousness.” ning in Bratty v. A-G for Northern Ireland: 1 The Concise Oxford Dictionary defines autom- . .an act which is done by the muscles without any control by atism as “Involuntary action. (Psych) action per- the mind, such as a spasm, a reflex action, or a convulsion; or an formed unconsciously or subconsciously.” This act done by a person who is not conscious of what he is doing, seems precise and simple until we attempt to de- such as an act done while suffering from concussion or while 4 fine unconscious or subconscious. Fenwick2 notes sleepwalking. that consciousness is layered and that these layers This was developed by Canadian courts in R. v. Ra- largely depend on subjective behavior that is ill de- bey: fined. -
Bipolar Disorders 100 Years After Manic-Depressive Insanity
Bipolar Disorders 100 years after manic-depressive insanity Edited by Andreas Marneros Martin-Luther-University Halle-Wittenberg, Halle, Germany and Jules Angst University Zürich, Zürich, Switzerland KLUWER ACADEMIC PUBLISHERS NEW YORK, BOSTON, DORDRECHT, LONDON, MOSCOW eBook ISBN: 0-306-47521-9 Print ISBN: 0-7923-6588-7 ©2002 Kluwer Academic Publishers New York, Boston, Dordrecht, London, Moscow Print ©2000 Kluwer Academic Publishers Dordrecht All rights reserved No part of this eBook may be reproduced or transmitted in any form or by any means, electronic, mechanical, recording, or otherwise, without written consent from the Publisher Created in the United States of America Visit Kluwer Online at: http://kluweronline.com and Kluwer's eBookstore at: http://ebooks.kluweronline.com Contents List of contributors ix Acknowledgements xiii Preface xv 1 Bipolar disorders: roots and evolution Andreas Marneros and Jules Angst 1 2 The soft bipolar spectrum: footnotes to Kraepelin on the interface of hypomania, temperament and depression Hagop S. Akiskal and Olavo Pinto 37 3 The mixed bipolar disorders Susan L. McElroy, Marlene P. Freeman and Hagop S. Akiskal 63 4 Rapid-cycling bipolar disorder Joseph R. Calabrese, Daniel J. Rapport, Robert L. Findling, Melvin D. Shelton and Susan E. Kimmel 89 5 Bipolar schizoaffective disorders Andreas Marneros, Arno Deister and Anke Rohde 111 6 Bipolar disorders during pregnancy, post partum and in menopause Anke Rohde and Andreas Marneros 127 7 Adolescent-onset bipolar illness Stan Kutcher 139 8 Bipolar disorder in old age Kenneth I. Shulman and Nathan Herrmann 153 9 Temperament and personality types in bipolar patients: a historical review Jules Angst 175 viii Contents 10 Interactional styles in bipolar disorder Christoph Mundt, Klaus T. -
A Brief Foray Into the History of Insanity in England and the United States
ANALYSIS AND COMMENTARY “What’s in a Name?”: A Brief Foray into the History of Insanity in England and the United States Janet A. Tighe, PhD J Am Acad Psychiatry Law 33:252–8, 2005 It is a pleasure to celebrate the inauguration of the Arnold and Hadfield,toMcNaghten and the famous Sadoff Library of Forensic Psychiatry and Legal set of rules it produced, through American trials such Medicine. As a historian who has spent many hours as Guiteau, Leopold and Loeb, and Durham,tothe in the College of Physicians of Philadelphia library American Law Institute rules, to the Hinckley case making extensive use of its rich collections in the and the present.1–5 history of medicine, public health, and forensic prac- Intertwined with this list of legal phenomena was tice, I see Dr. Sadoff’s decision to share his marvelous another list, a list of what Dr. Sadoff called concepts library with the college in very personal terms and of mental illness or insanity associated with these look forward to spending time with its treasures. It is cases, including: delusions, lucid intervals, moral in- equally gratifying to contribute to this conference sanity, schizophrenia, and psychosis. However, I am and exchange views with professionals engaged in an not sure that these cases and disease definitions really activity that I find fascinating: ensuring that law and work as a kind of underlying genealogical structure courtroom decision making are informed by scien- for the history of insanity, or even the history of the tific and medical knowledge. insanity defense. There is too much discontinuity Nonetheless, I faced the task assigned by Dr. -
Intoxication and Legal Defences Quazi Haque & Ian Cumming
Haque & Cumming Advances in Psychiatric Treatment (2003), vol. 9, 144–151 Intoxication and legal defences Quazi Haque & Ian Cumming Abstract Intoxication with alcohol and drugs is commonly associated with criminal offending. The relationship between intoxication and criminal culpability is complex and may be of psychiatric relevance, especially if a mental condition legal defence is being considered. This article outlines the legal issues (such as they apply in England and Wales) of which psychiatrists should be aware when preparing medico-legal opinions about mentally disordered offenders. Intoxication with alcohol or drugs is the obvious Box 1 Other UK jurisdictions theme of certain charges such as drunk and dis- orderly conduct or drink-driving. In other offences, The law in Scotland attaches rather less intoxication may be a factor that can affect or importance to subjective mens rea than that complicate the issue of criminal responsibility. in England and Wales. Most Scottish criminal Approximately 50% of violent offences and charges allege no mental element at all but property offences are committed after drugs or refer only to the proscribed harm. The mens alcohol have been consumed, and although con- rea terms such as recklessness and negligence sumption may not be directly linked to the offence, are often interpreted with an objectivist slant. there is often a strong association between the two. Liability for causing inadvertent harm while Psychiatrists are frequently asked to comment on drunk departs little from normal principles. the effects of intoxication on mental responsibility. The distinction between offences of basic and Although the legal defences of insanity and dimin- specific intent has therefore not developed to ished responsibility are familiar to psychiatrists, the the same extent as south of the border. -
From Mania to Bipolar Disorder David Healy Hargest Unit, North Wales Department of Psychological Medicine, Cardiff University, Ysbyty Gwynedd, Bangor, UK
CHAPTER 1 From Mania to Bipolar Disorder David Healy Hargest Unit, North Wales Department of Psychological Medicine, Cardiff University, Ysbyty Gwynedd, Bangor, UK From Pinel to Kraepelin the 1830s by one of Pinels pupils, Jean-Dominique Etienne Esquirol, who described profound sadness – lypemanie – as When the first asylums opened, around 1800, mania was a distinct disorder. a generic term for insanity. Philippe Pinels Treatise on The notion of a disease entity took shape in the 1850s Insanity that appeared in 1800 was accordingly named Traite when two of Esquirols pupils, Jean-Pierre Falret and Jules sur la Manie. Baillarger, both described disorders that laid the basis for For 2000 years before Pinel, the chief determinant of what became circular insanity. Falret outlined folie circulaire; diagnosis in medicine lay in the visible presentation of the Baillarger termed his disorder folie a double forme [2]. patient. These visible presentations could lead to reliable The idea that mania or insanity might give rise to protean diagnoses of tumours, diabetes, catatonia, epilepsy and manifestations had posed little difficulty, but as clinicians insanity. The visible presentations of insanity involved moved towards the concept of a disease entity, they had flushing, overactivity and maniacal behaviour. Mania was difficulties with the idea that two clinical states that looked diagnosed in patients who were overactive and who might so different might be presentations of the same underlying now be seen as having schizophrenia, depression, delirium, disease state. In their efforts to overcome these conceptual senility, imbecility and other conditions. problems, both Falret and Baillarger posited a disorder with Pinel took a stand on the importance of science in med- alternating cycles of mania and melancholia of fixed length icine, and was the first to call for an Evidence Based Med- and with fixed intervals between episodes. -
Defences, Mitigation and Criminal Responsibility
Chapter 12 Defences, mitigation and criminal responsibility Page Index 1-12-1 Introduction 1-12-2 Part 1 - Defences 1-12-3 General defences 1-12-4 Intoxication/drunkenness due to drugs/alcohol 1-12-4 Self defence 1-12-4 Use of force in prevention of crime 1-12-5 Mistake 1-12-5 Duress 1-12-6 Necessity 1-12-6 Insanity 1-12-6 Automatism 1-12-6 Other defences 1-12-7 Provocation 1-12-7 Alibi 1-12-7 Diminished responsibility 1-12-7 Consent 1-12-7 Superior orders 1-12-7 Part 2 - Mitigation 1-12-9 Part 3 - Criminal responsibility 1-12-10 Intention 1-12-10 Recklessness 1-12-10 Negligence 1-12-10 Lawful excuse or reasonable excuse – the burden of proof 1-12-11 Evidential burden 1-12-11 Lawful excuse 1-12-11 Reasonable excuse 1-12-11 JSP 830 MSL Version 2.0 1-12-1 AL42 35 Chapter 12 Defences, mitigation and criminal responsibility Introduction 1. This chapter is divided into three parts: a. Part 1 - Defences (paragraphs 4 - 28); b. Part 2 - Mitigation (paragraphs 29 - 31); and c. Part 3 - Criminal responsibility (paragraphs 32 - 44). 2. This chapter provides guidance on these matters to those involved in the administration of Service discipline at unit level. Related chapters are Chapter 9 (Summary hearing and activation of suspended sentences of Service detention), Chapter 6 (Investigation, charging and mode of trial), and Chapter 11 (Summary hearing - dealing with evidence). 3. This is not a detailed analysis of the law on the most common defences likely to be put forward by an accused, but when read in conjunction with the chapters mentioned above, should provide enough information for straightforward cases to be dealt with and ensure that staffs can identify when a case should be referred for Court Martial (CM) trial.