DOCSLIB.ORG

Insanity Defense*,†

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Insanity Defense*,† AAPL Practice Guideline for Forensic Psychiatric Evaluation of Defendants Raising the Insanity Defense*,† Statement of Intent judgment determine how to proceed in any individ- This guideline is intended as a review of legal and ual forensic evaluation. psychiatric factors to give practical guidance and as- Adherence to the approaches and methods set sistance in the performance of insanity defense eval- forth in this document will not ensure an accurate uations. It was developed through the participation assessment of a defendant’s mental state at the time of forensic psychiatrists who routinely conduct eval- of the instant offense. These parameters are not in- uations of competence to stand trial and have exper- tended to represent all acceptable, current, or future tise in this area. Some contributors are actively in- methods of evaluating defendants for and drawing volved in related academic endeavors. The process of conclusions about the insanity defense. The fact sit- developing the guideline incorporated a thorough uation, relevant law, and the judgment of the foren- review that integrated feedback and revisions into the sic psychiatrist determine the ultimate conduct of final draft. This guideline was reviewed and ap- each insanity defense evaluation. proved by the Council of the American Academy of The guideline is directed toward psychiatrists and Psychiatry and the Law (AAPL) on May 19, 2013. other clinicians who are working in a forensic role in Thus, it reflects a consensus among members and conducting evaluations and providing opinions re- experts about the principles and practice applicable lated to the insanity defense. It is expected that any clinician who agrees to perform forensic evaluations to the conduct of insanity defense evaluations. This in this domain has appropriate qualifications. practice guideline should not be construed as dictat- ing the standard for this type of evaluation. Rather, it is intended to inform practice in this area. This Overview guideline does not present all acceptable current ways of performing these forensic evaluations, and follow- The insanity defense is a legal construct that, un- ing it does not lead to a guaranteed outcome. Differ- der some circumstances, excuses defendants with ing fact patterns, clinical factors, relevant statutes, mental illness from legal responsibility for criminal administrative and case law, and the psychiatrist’s behavior. The ability to evaluate whether defendants meet a jurisdiction’s test for a finding of not crimi- *The AAPL Task Force to revise the Guideline on Forensic Psychiatric nally responsible is a core skill in forensic psychiatry. Evaluation of Defendants Raising The Insanity Defense consisted of: This document is intended as a practical guide to Jeffrey S. Janofsky, MD, Chair and Medical Director; Anne Hanson, insanity defense evaluations of adult defendants. MD; Philip J. Candilis, MD; Wade C. Myers, MD; and Howard Zonana, MD. Brooke Irving, JD, consulted in the preparation of (While the guideline does not specifically address Tables 1–6. special issues that arise with youth, the principles †The original guideline was published as: Giorgi-Guarnieri D, Janof- sky J, Keram E, Lawsky S, Merideth P, Mossman D, Schwartz-Watts related to the insanity defense are largely the same, D, Scott C, Thompson J Jr, Zonana H; American Academy of Psychi- although a clinical analysis from a developmental atry and the Law. AAPL practice guideline for forensic evaluation of defendants raising the insanity defense. J Am Acad Psychiatry Law perspective will also be integrated into the assess- 30(2 Suppl):S3–S40, 2002. PMID:12099305 ment.) The language used throughout the document Acknowledgments: The members of the Task Force wish to thank the following AAPL members who provided written comments on various is intended to address the insanity defense only, and drafts of this document: Joanna Brandt, David Rosmarin, Richard does not address other issues regarding criminal re- Frierson, Richard Scarnati, Thomas A. Grieger, Steven K. Hoge, Jon- sponsibility, such as diminished capacity or mitigat- athan L. Weker, Laura L. Post, Peter Ash, Douglas Mossman, Jeffrey Metzner, John Scialli, George Parker, Alan Newman, Hannah Ong, ing mental conditions affecting sentencing. Debra A. Pinals, Kahlid El-Sayed. The report acknowledges differences between eth- Disclosures of financial or other potential conflicts of interest: None. ics guidelines and legal jurisdictional requirements. Volume 42, Number 4, 2014 Supplement S3 Practice Guideline: Evaluation of Defendants for the Insanity Defense Jurisdictional rules of discovery or hearsay, among A. Pre-M’Naughten History others, may compel the forensic psychiatrist to con- Commentary on Hebrew Scriptures as early as the form to different practices in different locations. 6th century B.C.E. distinguished between offenses Definitions for the purpose of this practice guide- where fault could be imposed and those that occur line include the following: without fault. Examples of the latter were those com- Forensic psychiatrist: a psychiatrist with forensic mitted by children, who were seen as incapable of training or a psychiatrist who conducts an insanity weighing the moral implications of personal behav- defense evaluation. ior, even when willful, and by the intellectually dis- Mental disease or defect: a legal or statutory defi- abled and insane persons who were likened to nitional requisite criterion for the insanity defense. children.4 Mental disorder: a disorder described in the Amer- In the 12th century, issues of moral wrongfulness ican Psychiatric Association’s Diagnostic and Statis- began to develop in pre-English law that raised the tical Manual of Mental Disorders (DSM) or the In- concept of “madness” as it relates to culpability. ternational Classification of Diseases (ICD). Lords of state began granting pardons to individuals Insanity defense: a special defense in the criminal who were convicted of a crime and obviously mad.5 law excusing a defendant from criminal responsibil- These pardons usually ordered the accused to com- ity. A defendant whose insanity defense is successful mitment and treatment in a mental institution in- is adjudicated either not guilty by reason of insanity stead of a prison. Unfortunately, the mental institu- (NGRI or NGI) or guilty but not criminally respon- tions and prisons lacked both adequate facilities and sible (NCR), depending on the jurisdiction. treatment for the seriously mentally ill. Granting par- dons, however, preserved the dignity of the legal I. Introduction and History of the Insanity process. Defense In the 13th century, the moral wrongfulness re- For centuries Anglo-American law has maintained quirement of Christian law was merged into English the principle that a person can be found not crimi- common law, to require both the presence of a crim- nally responsible for an offense if at the time of the inal act (actus reus) and the presence of a guilty mind offense he was insane.1 Judge David Bazelon suc- (mens rea). Henry Bracton, who wrote the first study cinctly summarized the moral basis of the insanity of English law, noted that because children and the defense: “Our collective conscience does not allow insane were incapable of forming both intent and punishment where it cannot impose blame.”2 Insan- will to do harm, they therefore did not have the ca- ity defense rules have always been controversial. At- pacity to form a guilty intent.6 tempts upon the lives of kings, presidents, and gov- With reference to children, the common law set- ernment officials have often led to review and tled into its present form between the 5th century modification of legal standards. The most recent and the time of Lord Coke in the 17th century: The such national review occurred in the aftermath of the doli incapax doctrine found in common law con- attempted assassination of President Ronald Reagan sisted of an irrebuttable presumption that children by John W. Hinckley in 1981. under age seven were incapable of committing a The case history prior to John Hinckley can be crime. Between the ages of 7 and 13 (inclusive), how- divided into three categories that center on one sig- ever, incapacity was presumed but was open to chal- nificant legal event—the trial of M’Naughten. (The lenge. This rebuttable presumption could be over- spelling of M’Naughten is quite controversial. There come by the prosecution producing evidence that is evidence, based on his signature, that it should be showed the child was intelligent enough to distin- M’Naughten. The name has been spelled at least guish between right and wrong (or good and evil) nine other ways in the medical and legal literature. and, therefore, aware of the wrongful nature of the We have elected to use the spelling most often found act in question.7 The “knowledge of right and in the legal literature.)3 The legal cases prior to wrong” language denotes a general capacity or status M’Naughten, the M’Naughten case itself, and the le- that young children are thought to lack. gal cases after M’Naughten define the three historic Prior to the M’Naughten case, English jurists made periods that shape our present-day understanding of several attempts to find the appropriate test for in- the insanity defense. sanity. The “wild beast test” of Justice Tracy in the S4 The Journal of the American Academy of Psychiatry and the Law Practice Guideline: Evaluation of Defendants for the Insanity Defense 1723 Arnold case held that a man must be “. to- M’Naughten was legally insane, the public was out- tally deprived [emphasis added] of his understanding raged at the jury’s verdict supporting the plea. Queen and memory, and doth not know what he is doing, Victoria, who was also concerned about the verdict, no more than an infant, ...a brute, or a wild summoned the 15 Law Lords in the House of Lords beast...”before being found insane.8 Other English and asked them five questions concerning the insan- tests included the offspring of a delusion test champi- ity defense.
Load more

Recommended publications
  • Juvenile Firesetting
    JUVENILE FIRESETTING KEY POINTS OVERVIEW • Children set fires for a wide variety of reasons. When juvenile delinquency is mentioned, arson is not • Pyromania is an extremely rare disorder usually the first type of offense that comes to mind. and is not usually the cause of juvenile However, between 2007 and 2011, the National Fire firesetting. Protection Association (NFPA) reported that 282,600 • intentional fires were reported to U.S. fire Children who deliberately set fires should be evaluated by a therapist or other departments each year, and 40 percent of individuals professional. arrested for these events were less than 18 years of age. Even more disturbing is that almost 85 percent of • Fire safety education and cognitive the victims of fires started by children are the children behavioral therapy are common treatments. themselves, with 80 deaths and 860 injuries occurring annually. Although legal definitions of arson vary from state to state, a juvenile may be charged with arson when an evaluation of the event reveals sufficient evidence of malicious and willful firesetting. Families can prevent firesetting by following a few rules, such as the following from the U.S. Fire Administration: 1. Teach children that matches and lighters are not toys. 2. Never allow children to play with lighters or matches. About half of fires started by children are caused by children playing with matches and lighters. 3. Keep all matches and lighters out of the reach of children. Store in a high cabinet, preferably locked. 4. Do not leave young children unattended. 5. Teach young children to tell a grown-up when they see matches or lighters.
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • Specialists in Forensic Psychiatry
    A Competency Based Curriculum for Specialist Training in Psychiatry Specialists in Forensic Psychiatry Royal College of Psychiatrists February 2010 (update approved 2 October 2014, revised March 2016 and May 2017) © Royal College of Psychiatrists 2010 TABLE OF CONTENTS This curriculum is divided into six Parts: Parts Contents Page Nos Part I Curriculum Development & Responsibilities for Curriculum Delivery 6 - 20 Part II The Advanced Curriculum for Forensic Psychiatry 21 - 48 Part III The Methods of learning & teaching & delivery of the curriculum 49 - 55 Part IV The Assessment System for Advanced Training 56 - 59 Part V Trainee and Trainer Guide to ARCPs 60 - 75 Contents 1. Introduction .......................................................................................................................................................................................................................... 6 2. Rationale ............................................................................................................................................................................................................................... 7 3. Specific features of the curriculum ....................................................................................................................................................................................... 7 4. Training pathway .................................................................................................................................................................................................................
    [Show full text]
  • Presumptive Mens Rea: an Analysis of the Federal Judiciary's Retreat from Sandstrom V
    Notre Dame Law Review Volume 64 | Issue 3 Article 4 6-1-1999 Presumptive Mens Rea: An Analysis of the Federal Judiciary's Retreat from Sandstrom v. Montana Laurie A. Briggs Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Part of the Law Commons Recommended Citation Laurie A. Briggs, Presumptive Mens Rea: An Analysis of the Federal Judiciary's Retreat from Sandstrom v. Montana, 64 Notre Dame L. Rev. 367 (1989). Available at: http://scholarship.law.nd.edu/ndlr/vol64/iss3/4 This Note is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. NOTES Presumptive Mens Rea: An Analysis of the Federal Judiciary's Retreat from Sandstrom v. Montana Direct or empirical evidence rarely provides proof of mens rea, a criti- cal element of most crimes.1 The practical difficulties inherent in prov- ing that a criminal defendant had the requisite state of mind have led to presumptions 2 of mens rea. Thejudiciary's attempt to provide a constitu- tional standard for the use of presumptions in criminal trials culminated in Sandstrom v. Montana.3 In Sandstrom, the Supreme Court held that the jury instruction, "[t]he law presumes that a person intends the ordinary consequences of his voluntary acts," violates due process.4 Sandstrom and its progeny have provoked both controversy and chaos in the legal community. This Note examines the goals embodied in Sand- strom and the extent to which these goals have been frustrated by the federal judiciary's treatment of Sandstrom during the past decade.
    [Show full text]
  • Psychology of Irresistible Impulse Jess Spirer
    Journal of Criminal Law and Criminology Volume 33 | Issue 6 Article 3 1943 Psychology of Irresistible Impulse Jess Spirer Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Jess Spirer, Psychology of Irresistible Impulse, 33 J. Crim. L. & Criminology 457 (1942-1943) This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. THE PSYCHOLOGY OF IRRESISTIBLE IMPULSE Jess Spirer "It is a fundamental principle of the criminal law that every" crime, either common law or statutory, with the exception of public nuisances and breaches of what are commonly called police regula- tions, includes a mental element.' 2 We know this mental element by diverse names,-mens rea, criminal intent, vicious will, guilty mind, and so forth-but its most important characteristic is a wilfulness to commit the crime or act in question. And when this wilfulness or volition is actually or constructively absent, there is generally no crime. Of the several conditions which negative the element of volition or criminal intent, probably the best known is that of insanity. In the case of the grossly insane, the standards of responsibility seem to be fairly well defined, for as a general rule the law holds that if the misdoer does not know right from wrong with respect to his particular act, then he is not to be held accountable for what he has done.
    [Show full text]
  • An Environmental and Behavioural Analysis of Arson in a Danish Sample
    An Environmental and Behavioural Analysis of Arson in a Danish Sample Thesis submitted in accordance with the requirements of the University of Liverpool for the degree of Doctor of Philosophy by Charlotte Kappel. July, 2018 i Table of Contents Page Number List of Tables ii List of Appendices ii Abstract 1 Acknowledgements 4 Part 1: Literature Review and Background Chapter One – The Problem of Arson 6 1.1. Introduction: The Problem of Arson 6 1.2. 7 Definition 1.2.1. Fire-setting and Arson 7 1.2.2. Pyromania 8 1.3. Is Arson on the 10 Increase? 1.3.1. Detection and Conviction Rates 11 1.4. Conclusion 13 ii Chapter Two - Previous Research and Theory on Arson 15 2.1. Introduction 15 2.2. Theoretical Approaches 16 2.3. Motivational Aspects of Arson 22 2.4. Demographic and Biographical Characteristics of Arsonists 23 2.4.1. Gender 23 2.4.2. Age 26 2.4.3. Family, Marital, Educational and Occupational 27 Background 2.4.4. Ethnicity 29 2.4.5. Psychiatric History 30 2.4.6. Solo Offending versus Co-offending 31 2.4.7. Serial versus Single Offenders 32 2.5. Geographic Profiling 34 2.5.1. Geographic Profiling: Basic Concepts 34 2.5.2. Journey to the Scene of the Crime 35 2.5.3. Geographic Profiling: Problems and Issues 37 2.6. Conclusion: Investigating Arson from a New Angle 38 Chapter Three - Crime Prevention Through Environmental Design and 41 Defensible Space Theory: Towards a New Approach 3.1. Introduction: An Environmental Approach 41 3.2.
    [Show full text]
  • 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.
    [Show full text]
  • Wildfire Prevention Strategies Guide
    A Publication of the National Wildfire Coordinating Group Wildfire Prevention Sponsored by United States Department of Agriculture Strategies United States Department of the Interior National Association of State Foresters PMS 455 March 1998 NFES 1572 Wildfire Prevention Strategies i - WILDFIRE PREVENTION STRATEGIES Preface This Wildfire Prevention Guide is a project of the National Wildfire Coordinating Group. This is one in a series designed to provide information and guidance for personnel who have interests and/or responsibilities in fire prevention. Each guide in the series addresses an individual component of a fire prevention program. In addition to providing insight and useful information, each guide suggests implementation strategies and examples for utilizing this information. Each Wildfire Prevention Guide has been developed by Fire Prevention Specialists and subject matter experts in the appropriate area. The goal of this series is to improve and enhance wildfire prevention programs and to facilitate the achievement of NWCG program goals. NWCG Wildfire Prevention Guide development: • Conducting School Programs (1996) • Event Management (1996) • Wildfire Prevention Marketing (1996) • Wildfire Prevention and the Media (1998) • Wildfire Prevention Strategies • Effective Wildfire Prevention Patrol • Recreation Areas • Exhibits and Displays • Equipment, Industrial and Construction Operations • Show Me Trips and Tours WILDFIRE PREVENTION STRATEGIES Preface - ii iii - WILDFIRE PREVENTION STRATEGIES Contents 1.0 Introduction ...........................................................................1
    [Show full text]
  • A Legal Response to Colin Holmes
    J Med Ethics: first published as 10.1136/jme.17.2.86 on 1 June 1991. Downloaded from Journal ofmedical ethics, 1991, 17, 86-88 Psychopathic disorder: a category mistake? A legal response to Colin Holmes Irene Mackay University ofManchester Author's abstract diminished responsibility upon which I propose to comment. Holmes is concerned with a conflict between law and The absence of any established medical or medicine about the problem ofpsychopathy, in particular psychiatric definition of 'moral insanity' or as it relates to homicide. 'psychopathy' is noteworthy in this article by Colin He looksfor a consistent set oflegal principles based on Holmes. It is not clear whether either can be referred to a variety ofmedical concepts and in doing so criticises the correctly as an illness or whether the two could be courtfor its commonsense approach, its disregardfor synonymous. Moral insanity is referred to as 'absence medical evidence andfor employing lay notions of of conscience', 'no capacity for true moral feelings', responsibility and illness. 'depravity', and 'absence of moral scruple'. This commentary explores how Holmes's notionsfit into Psychopathy appears to mean 'total lack ofcopyright. existing legal rules and explains how the court seeks the compunction or consequent moral emotion', 'absence assistance ofmedical evidence when looking at the evidence of conscience', 'inability to experience guilt' and 'lack as a whole to enable it to decide upon issues ofdefence, of respect for the moral claims of others'. which involve legal and not medical concepts. Holmes is concerned with the conflict between law There is a difficulty inherent in this paper, as it seeks to and medicine about what he refers to as the problem of psychopathy.
    [Show full text]
  • Forensic Psychiatry Lowell S
    Journal of Criminal Law and Criminology Volume 39 | Issue 5 Article 4 1949 Forensic Psychiatry Lowell S. Selling Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Lowell S. Selling, Forensic Psychiatry, 39 J. Crim. L. & Criminology 606 (1948-1949) This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. FORENSIC PSYCHIATRY Lowell S. Selling The author was Acting Director, Bureau of Maternal and Child Health and Director of the Mental Health Program, Florida State Board of Health. He was Instructor in Psychiatry in University and Belleview Hospital Medical College, New York City, 1930, and Director of the Psychopathic Clinic of the Recorder's Court, Detroit, 1935- 1945, now in the private practice of psychiatry in Orlando, Fla. This article was read at the Medicolegal Congress in St. Louis, in January, 1948.-EDirOL Probably the oldest form of psychiatry which has been recog- nized in this country with the possible exception of state hospital management, is the psychiatry practiced in conjunction with the courts. The need for professional differentiation between those who are able to stand trial and those who are not so by virtue of mental disorders was early recognized in the courts. From time to time the expert has been castigated by the lay press and those who do not understand psychiatry and the modern prac- tice of medicine in the courts, who are likely to come to conclu- sions that are unjustified as to how the psychiatrist serves the bench ,and the bar.
    [Show full text]