Relevant bibliographies by topics / Insanity (law) – wales

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters

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

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

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

1

Bastani, Amir, and Colin Gavaghan. "Challenges to "a Most Dangerous Doctrine" or a "Fantastic Theory" of Volitional Insanity." Victoria University of Wellington Law Review 47, no. 4 (2016): 545. http://dx.doi.org/10.26686/vuwlr.v47i4.4788.

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In theory, an insanity defence can take two forms: the cognitive form (C-insanity) and the volitional form (V-insanity). The defence of C-insanity recognises that a disordered state of mind can make the ability to understand the nature of an action impossible. On the other hand, V-insanity is recognised in some common law jurisdictions, such as all jurisdictions in Australia except for Victoria and New South Wales, and is a full defence. It recognises that a disordered state of mind can make the exercise of self-control impossible. However, that disordered state of mind does not necessarily af
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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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3

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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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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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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Mason, James. "The Willed Trance: Volition, Voluntariness and Hypnotised Defendants." Journal of Criminal Law, October 5, 2020, 002201832096355. http://dx.doi.org/10.1177/0022018320963551.

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Traditionally, jurists have distinguished between voluntary/involuntary behaviour via the theory of volition. Though perceived as the conventional approach, this paper argues that the volitional understanding of voluntariness is an inadequate instrument for assessing complex behaviours which seemingly portray a striking level of intelligence and purposiveness on the part of the accused. In particular, the phenomenon known as hypnotically-induced behaviour, which forms the focus of this paper, is one such troublesome case. To this end, the version of the volitional theory most staunchly advocat
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Dissertations / Theses on the topic "Insanity (law) – wales"

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Goldberg, Samuel. "Gender, Insanity and Moral Obligation: Widows and the Action for Testamentary Incapacity in Late-Colonial New South Wales." Thesis, Department of History, 2021. https://hdl.handle.net/2123/24915.

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The enactment of a Testator’s Family Maintenance Act in 1916 is rightly remembered as a signature achievement of New South Wales’ early feminists, providing protection against the destitution that a cruel will could inflict upon a testator’s family. Yet in the decades before its passage, a challenge to a husband’s testamentary capacity offered an alternative mechanism by which a widow could challenge a will. This thesis explores the stories of the widows who braved the action for testamentary incapacity, in order to recover its social and cultural significance. It identifies the courtroom as a
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Books on the topic "Insanity (law) – wales"

1

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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4

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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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, 2015.

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

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9

Nielsen, Kim E. Money, Marriage, and Madness. University of Illinois Press, 2020. http://dx.doi.org/10.5622/illinois/9780252043147.001.0001.

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Money, Marriage, and Madness is a story of the medical profession, a woman’s wealth and the gendered property laws in which she operated, marital violence, marriage and divorce, institutional incarceration, and an alleged bank robbery. Dr. Anna B. Miesse Ott lived in a legal context governing money, marriage, and madness that nearly all nineteenth-century women shared. She benefited from wealth, professional status as a physician, and whiteness, but they did not protect her from the vulnerabilities generated by sexism and ableism. After an 1856 marriage and divorce, Ott served for nearly twent
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Book chapters on the topic "Insanity (law) – wales"

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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