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NCJRS Abstract

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NCJ Number: 43820 Find in a Library
Title: MEANING OF CRIMINAL INSANITY
Author(s): H FINGARETTE
Date Published: 1972
Page Count: 279
Sponsoring Agency: University of California Press
Berkeley, CA 94720
Sale Source: University of California Press
2120 Berkely Way
Berkeley, CA 94720
United States of America
Language: English
Country: United States of America
Annotation: FUNDAMENTAL ISSUES IN THE AREA OF CRIMINAL LAW FORENSIC PSYCHIATRY ARE ADDRESSED. THE ANALYSIS ATTEMPTS TO PROVIDE A BETTER UNDERSTANDING AND APPLICATION OF THE BROADER CONCEPT OF CRIMINAL RESPONSIBILITY.
Abstract: THE TRADITIONALLY ACCEPTED INSANITY TEST OR DEFINITION SERVES AS THE BASIS OF DISCUSSION. THE AUTHOR PROBES THE CONCEPT OF MENTAL DISEASE AND DISCUSSES THE RELATION BETWEEN PSYCHIATRY AND LAW. PSYCHIATRIC AND LEGAL TERMS ARE COMPARED, FOCUSING ON THE FEATURES OF PSYCHIATRY'S ACTUAL DOCTRINE AND PRACTICE BY IDENTIFYING SIMILARITIES BETWEEN THE PSYCHIATRIC AND THE CRIMINAL APPROACH. IT IS NOTED THAT PSYCHIATRIC UNDERSTANDING OF HUMAN CONDUCT USES KEY EXPLANATORY CONCEPTS WHICH ARE THE SAME AS, OR SIMILAR TO, THE MENTAL CONCEPTS OF COMMON SENSE AND OF LAW. THE CENTRAL ROLE OF MORAL CONCEPTS AND ISSUES IN PSYCHIATRY IS DISCUSSED. LEGAL CONCEPTS OF INSANITY ARE EXAMINED AND THE REQUIREMENTS TO SATISFY A DEFINITION OF MENTAL DISEASE ARE SET FORTH. THE AUTHOR DISCUSSES INSANITY AND IRRATIONALITY, THE MEANING OF 'RATIONAL' IN THE CONTEXT OF INSANITY, AND PRESENTS A GENERAL DEFINITION OF INSANITY ALONG WITH A DEFINITION OF CRIMINAL INSANITY. THE AUTHOR'S DEFINITION OF CRIMINAL INSANITY DESCRIBES AN INDIVIDUAL WHOSE MENTAL MAKEUP AT THE TIME OF THE OFFENDING ACT WAS SUCH THAT HE/SHE WAS INCAPABLE OF ACTING RATIONALLY WITH RESPECT TO THE CRIMINALITY OF HIS/HER CONDUCT. PRACTICAL APPLICATIONS OF THE PROPOSED DEFINITION ARE EXPLORED; THE TOPICS DISCUSSED CONCERN STANDARD PSYCHIATRIC DIAGNOSES AND SPECIFIC LEGAL INSANITY TESTS IN USE. A BIBLIOGRAPHY IS APPENDED.
Index Term(s): Criminal responsibility; Insanity defense; Jurisprudence; Mentally ill offenders; Psychiatry
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=43820

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