Insanity Defense (original) (raw)
Related papers
Defense Of Insanity: A Loophole In Criminal Justice System
Anu Books, 2022
It's a topic that whenever tried to put some light on it, is always hushed and put under the carpet which needs serious attention and discussions by the judiciary of India. In a spiritual country like India, there are some things that are unsaid, untold, and unexplainable which are beyond the scope of science. Science names that as "paranormal activities" but, still there is not enough explanation for such activities. People using such spiritual sentiments, take advantage of this fact and hush their wrongful acts under the carpet of blood in the name of spirituality. Though the word "insanity" as a mental disorder is nowhere recognized in the provisions of the Indian penal code, of 1860, the Indian judiciary and lawmakers have taken various keen steps and measures to be able to highlight the word "unsound mind" and bring it under the scope and shadow of Section84 of the Indian Penal Code, 1860. The particular section says that people being of unsound mind at the time of the commission of the wrongful act who are unable to differentiate between the right and the wrong would get an advantage of law as they do not possess the right amount of men's rea to commit such actus reus. The judiciary of India and the Indian penal code, of 1860 particularly deal with legal unsoundness of mind and not medical. With the immense growth in science and law, some serious changes and amendments shall be made so that the undue advantage of the particular concept in question wouldn't be made. Our judiciary demands the evidence to be proved beyond a reasonable doubt, which becomes a bit difficult to be proved in some cases as the present matter is concerned.
- Insanity Defense in Criminal Offenses Charges
Misión Jurídica, 2019
The present written deals with the concept of liability, this is a legal term that is defined as the quality of a person to comprehend the consequences that will bring the voluntary performance of an unlawful act, and as such should be responsible, legally processed and liable for the act committed. The medical expert witness in this type of case plays a vital role in the final decision that may carry the trial at the time of the verdict. PALAVRAS CHAVE Responsabilidade, insanidade, crime, responsabilidade, culpa, doença mental, lei, Não é culpado por razão de insanidade (NGRI).
Criminal Responsibility (Insanity Defense)
SEEU Review
Criminal responsibility refers to a person’s ability to understand his action, behavior at the time a crime is committed, what a person is thinking when he commits a crime or the expected result when a crime is committed. Crime is defined in terms of an act or omission (actus reus) and a mental state (mens rea). In this paper, is presented the general concept of irresponsibility and essentially reduced responsibility as a reason to be exempted from the punishment provided by the Criminal Code. Any perpetrator of a criminal offense who is capable of undertaking any action can be an active subject of a criminal offense, with the fact that regarding their sanctioning by the criminal system is concerned there are some restrictions related to age as well as dividing the perpetrators into responsible and non-responsible ones. For a person to be convicted of a crime, there must be evidence that proves his guilt, and that proves whether the perpetrator was in a regular state of mind or comm...
Your article is protected by copyright and all rights are held exclusively by Springer Science +Business Media Dordrecht. This e-offprint is for personal use only and shall not be selfarchived in electronic repositories. If you wish to self-archive your article, please use the accepted manuscript version for posting on your own website. You may further deposit the accepted manuscript version in any repository, provided it is only made publicly available 12 months after official publication or later and provided acknowledgement is given to the original source of publication and a link is inserted to the published article on Springer's website. The link must be accompanied by the following text: "The final publication is available at link.springer.com".
Homicide and the insanity defense: A comparison of sane and insane murderers
Behavioral Sciences & the Law, 1987
A sample of 50 homicide defendants acquitted by reason of ins-(NGRI) was compared with a group of 50 defendants who were evaluuted for insanity and found to be crimirdy responsible (CR). Signijicant diflerences were found between the two groups in t e r n of prior psychiatric and criminal histories and nature of the homicide (i.e., relationship to victim). The dispositions of those found NGRl were also examined on the above variubies.
The Provision and Implication of Insanity Defense in Pakistani Laws
International Journal of Criminology and Sociology
The current study sought to explore the provision and implications of the insanity defense in Pakistani laws. This research aims to find the lacunae in the law that aids mentally ill offenders. It also proposes to identify the role of lawyers and forensic psychologists and government institutions in the insanity defense. The study includes understanding and implementing the insanity defense in Pakistani laws and the law system. The study sample involved nine lawyers and four forensic psychologists whose interviews were conducted using a semi-structured questionnaire. Participants were contacted through the snowball sampling technique. The current study concluded that more than one key factor hindered the law system's understanding of insanity defense and mental health. The absence of psychiatric or psychological assessments in the court system suggests a common knowledge of insanity defense and mental health. The case studies overall present the different sides of mental health ...
The insanity defense and the assessment of criminal responsibility in Sri Lanka
Insanity or unsoundness of mind is one of the general exceptions that exist in the penal code of Sri Lanka that excludes an individual of responsibility for a crime (criminal responsibility). Despite the many advances in science and law, the sections on the insanity defense in the penal code of Sri Lanka remain unchanged from the time the penal code was originally formulated in the 19th Century. The statutes that provide for the disposal of the offender once exculpated due to reason of insanity appears be more geared towards protection of the society through confinement of the mentally ill offender than being therapeutic.
CRIMINAL LIABILITY OF THE MENTAL CRIMINALS IN STATUTE
nsanity and its different types remove the criminal liability, if they appeared during the commission of the offence. By virtue of Iran criminal law insanity after the commission of the offence does not remove the criminal liability though it leads to non-suit or delays the punishment depending on the commission time. By virtue of Article 51 of penal code in 1991 and Articles 149 and 150 of Islamic punishment law in 2014 insanity removes the criminal liability. The difference between above articles is that the article of 1991 removes the criminal liability because of any rate of insanity, but by virtue of the new one insanity removes the criminal liability, if it justifies the guilty in a way that he (she) suffers from mental disorder(s) when committed the offence involuntarily or without discernment but nothing stated about the patients suffering from relative mental disorder(s).