Relevant bibliographies by topics / Insanity (law) – england

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Academic literature on the topic 'Insanity (law) – england'

Author: Grafiati
Published: 29 July 2024
Last updated: 31 July 2025

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Journal articles on the topic "Insanity (law) – england"

1

Rix, Keith J. B. "Towards a more just insanity defence: recovering moral wrongfulness in the M'Naghten Rules." BJPsych Advances 22, no. 1 (2016): 44–52. http://dx.doi.org/10.1192/apt.bp.115.014951.

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SummaryThis article describes how the M'Naghten Rules, which govern the law of insanity in England and Wales, came into existence. In relation to knowledge of the wrongfulness of the alleged act, the article reveals how the Court of Appeal has sought to limit the defence, whereas the courts of first instance, and a number of other jurisdictions, have adopted interpretations of the Rules that accord more closely with the law of insanity as it existed at the time of Daniel McNaughtan's trial and that the Rules were probably meant to formulate. Three cases are used to illustrate the difficulties
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2

Christopher, M. Green, and Laurence J. Naismith. "A Comparative Perspective on Forensic Psychiatry in Canada and England." Medicine, Science and the Law 28, no. 4 (1988): 329–35. http://dx.doi.org/10.1177/002580248802800413.

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ABSTRACT: An outline is presented of the development and practice of forensic psychiatry, including relevant legal aspects, in Canada, in comparison to the English system. It is written by two English-trained psychiatrists, who have provided forensic services in both Canada and England. Canadian forensic psychiatry is portrayed as having a greater medico-legal emphasis than at present in England, with a continuing dependence on the insanity verdict for seriously mentally disordered offenders. Canadian forensic psychiatric institutions are often attached to the correctional system, whereas in E
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Mason, James. "Unfitness to Plead, Insanity and the Law Commission: Do We Need a Diagnostic Threshold?" Journal of Criminal Law 85, no. 4 (2021): 268–79. http://dx.doi.org/10.1177/0022018321995430.

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This article examines one aspect of the new test of effective participation at trial proposed by the Law Commission of England and Wales. This proposal aims to replace the current criteria for fitness to plead originating from Pritchard and developed more recently in M (John). Specifically, this article offers a critical examination of the Commission’s refusal to incorporate a so-called ‘diagnostic threshold’ within their proposed test. After reviewing the arguments for and against this decision, attention is drawn to the clear presence of diagnostic thresholds within other areas of law, such
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4

Tadros, Victor. "Insanity and the Capacity for Criminal Responsibility." Edinburgh Law Review 5, no. 3 (2001): 325–54. http://dx.doi.org/10.3366/elr.2001.5.3.325.

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There are two different ways in which the insanity defence could he constructed. These relate to different ways in which the insanity defence might question the responsibility of the accused. Either the defence might show that the act in question was not performed in the appropriate way (that the accused lacks attribution-responsibility) or it might show that the agent was not an appropriate subject for criminal responsibility (that he or she lacks capacity-responsibility). Sometimes it is thought that these possibilities collapse into each other: it is only those that cannot perform their act
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Walsh, Dermot. "Do we need community treatment orders in Ireland?" Irish Journal of Psychological Medicine 27, no. 2 (2010): 90–96. http://dx.doi.org/10.1017/s0790966700001130.

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AbstractObjectives: Re-admissions to inpatient psychiatric care are now so frequent as to be designated the ‘revolving door’ phenomenon and constitute 72% of admissions to Irish inpatient psychiatric units and hospitals. It is commonly believed that treatment non-adherence with aftercare following inpatient discharge contributes to readmission. Attempts to improve adherence and reduce or shorten readmission through compulsory community treatment orders have been made in several countries including Scotland in 2005 and, from November 2008, England and Wales. Provision for conditional discharge
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Wiener, Martin J. "Judges v. Jurors: Courtroom Tensions in Murder Trials and the Law of Criminal Responsibility in Nineteenth-Century England." Law and History Review 17, no. 3 (1999): 467–506. http://dx.doi.org/10.2307/744379.

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Although it is well known that the criminal law's administration in nineteenth-century England altered decisively, little important change has been noted in the substantive criminal law. Yet change there was, but produced less through legislation (as was much administrative change) or even appeals court rulings than through everyday criminal justice practice. In particular, the effective meanings of legal terms central to the prosecution of homicide—terms such as provocation, intention, and insanity—were in motion during the nineteenth century as part of a broader redefining and reimagining of
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Ward, Tony. "Law, Common Sense and the Authority of Science: Expert Witnesses and Criminal Insanity in England, Ca. 1840-1940." Social & Legal Studies 6, no. 3 (1997): 343–62. http://dx.doi.org/10.1177/096466399700600302.

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8

Maine, Alexander. "Pet Lamb and Clothed Hyena: Law as an Oppressive Force in Jane Eyre." Student Journal of Professional Practice and Academic Research 1, no. 1 (2019): 9–17. http://dx.doi.org/10.19164/sjppar.v1i1.793.

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Writing in 1864, the literary critic Justin M’Carthy stated that ‘the greatest social difficulty in England today is the relationship between men and women.’ This came at a time of unprecedented social and legal change of the status of women in the 19th Century. A prominent novel of the time concerning such social difficulty is Charlotte Brontë’s Jane Eyre: An Autobiography which attempts to reflect these social difficulties as often resulting from law. As such, the novel may be used as a reflection of the condition of nineteenth century English law as an oppressive force against women. This f
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9

McDiarmid, Claire. "After the age of criminal responsibility: a defence for children who offend." Northern Ireland Legal Quarterly 67, no. 3 (2016): 327–41. http://dx.doi.org/10.53386/nilq.v67i3.121.

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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 ps
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Neve, Michael, and Elaine Murphy. "Book Reviews : Peter Bartlett. The Poor Law of Lunacy: The Administration of Pauper Lunatics in Mid-Nineteenth Century England. London: Leicester University Press, 1999. Pp. 310. £55. ISBN 0-7185-0104-7. Peter Bartlett and David Wright (eds). Outside the Walls of the Asylum: the History of Care in the Community 1750-2000. London: Athlone, 1999. Pp. 337. Hardback £45, Paperback £16.99. ISBN 0-485-12147-6. Joseph Melling and Bill Forsythe (eds). Insanity, Institutions and Society, 1800-1914: A Social History of Madness in Comparative Perspective. London: Routledge, 1999. Pp. 328. £55. ISBN-0-415-18441-x." History of Psychiatry 11, no. 41 (2000): 113–17. http://dx.doi.org/10.1177/0957154x0001104107.

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Books on the topic "Insanity (law) – england"

1

Bill, Forsythe, ed. The politics of madness: The state, insanity, and society in England, 1845-1914. Routledge, 2006.

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2

Mental health law. 4th ed. Sweet & Maxwell, 1996.

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Mental health law. 3rd ed. Sweet & Maxwell, 1990.

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Mental Health Law. Sweet & Maxwell, 2017.

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Trials of the King of Hampshire: Madness, Secrecy and Betrayal in Georgian England. Bloomsbury Publishing Plc, 2017.

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The trials of the King of Hampshire: Madness, secrecy and betrayal in Georgian England. 2016.

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Medical Jurisprudence, As It Relates to Insanity [electronic Resource]: According to the Law of England. Creative Media Partners, LLC, 2021.

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8

Grubin, Donald. Fitness to Plead in England and Wales. Taylor & Francis Group, 2013.

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9

Grubin, Donald. Fitness to Plead in England and Wales. Taylor & Francis Group, 2013.

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Grubin, Donald. Fitness to Plead in England and Wales. Taylor & Francis Group, 2013.

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Book chapters on the topic "Insanity (law) – england"

1

Mackay, Ronnie. "The Insanity Defence in English Law." In The Insanity Defence. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780198854944.003.0002.

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Abstract This chapter discusses the legal development of the defence of insanity in England and Wales which is based on the famous M’Naghten Rules. As such it contains an analysis of problems that have arisen in the application of the insanity and automatism defences through a discussion of recent case law, including an analysis of how the ‘external factor’ doctrine has influenced the distinction between sane and insane automartism. It also includes an evaluation of the author’s empirical research on the defence, together with a discussion of how a new test for the insanity plea was introduced
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Ormerod, David, and Mark Dsouza. "Reforming the Insanity Defence in England and Wales." In The Insanity Defence. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780198854944.003.0003.

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Abstract English law’s insanity defence has been subjected to sustained and cogent criticism. It is outdated in its understanding of psychiatry and was devised for trial procedures that are unrecognizable to those familiar with modern day practice. The defence is little used but has generated a disproportionate number of appeals. It creates arbitrary distinctions in application by its requirement for a ‘disease of the mind’, and its relationship with sane automatism and pleas based on intoxication is complex and incoherent. Controversially it imposes a legal burden of proof on the defendant. T
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Loveless, Janet, Mischa Allen, and Caroline Derry. "6. Defences of incapacity and mental conditions." In Complete Criminal Law. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192855947.003.0006.

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This chapter examines the use of incapacity and mental condition defences for criminal offences in England and Wales. It discusses the general principles of the excusatory defence of insanity and of automatism as distinct from diminished responsibility and explores the notion that insanity is out of date and unrelated to contemporary classifications of mental illness. It considers whether insanity can be pleaded for all crimes and explains that intoxication will rarely reduce criminal liability. It explains and clarifies the Majewski rule and how it works. It also considers intoxicated mistake
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Freckelton, Ian. "The Insanity Defence under Australian Law." In The Insanity Defence. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780198854944.003.0008.

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Abstract While Australia inherited its law on the defence of insanity from England, it has evolved extensively through serial legislative reforms. The law is now significantly disuniform among Australia’s federal, state, and territory jurisdictions in terms of the nomenclature of the defence, criteria for its invocation, and the bases upon which persons found not guilty are dealt with upon a finding of insanity, mental impairment, mental incompetence, or unsoundness of mind. While in most jurisdictions detention is no longer at the Governor’s pleasure, there is diversity in respect of which bo
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Cornish, William. "Insanity and Mental Deficiency." In The Oxford History of the Laws of England. Oxford University Press, 2010. http://dx.doi.org/10.1093/acprof:oso/9780199239757.003.0028.

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Weir, Tony. "The Staggering March of Negligence." In The Law of Obligations. Oxford University PressOxford, 1998. http://dx.doi.org/10.1093/oso/9780198264842.003.0005.

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Abstract Although the twentieth century has been in many respects what Shakespeare called ‘The expense of spirit in a waste of shame’ -as it maunders to its end, we see the leaders of Western Europe adamant to create an insanely bureaucratic and multilingual ideological empire such as the nations of Eastern Europe have just broken loose from, and England, in an anachronistic preference for geography over history, abandoning the law it gave to the English-speaking world and turning its back on those to whom it was given-yet for the time being the common lawyers of England can take comfort in th
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