Relevant bibliographies by topics / Non-pathological criminal incapacity

Contents

  1. Journal articles
  2. Dissertations / Theses

Academic literature on the topic 'Non-pathological criminal incapacity'

Author: Grafiati
Published: 4 June 2021
Last updated: 6 February 2022

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Non-pathological criminal incapacity.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Journal articles on the topic "Non-pathological criminal incapacity"

1

Kramers-Olen, Anne. "The defence of sane automatism and non-pathological criminal incapacity in South Africa: an epistemological intersection between psychology and law." South African Journal of Psychology 49, no. 2 (2019): 188–98. http://dx.doi.org/10.1177/0081246319843228.

Full text
Abstract:
Psychologists and psychiatrists are frequently requested to offer expert opinion regarding the defences of non-pathological criminal incapacity and sane automatism – which are increasingly raised in criminal courts in South Africa. This article briefly explores the development of these defences in South African criminal law and highlights some of the conceptual and epistemological difficulties at the intersection between the law and psychology. The changing legal understandings of the concepts of sane automatism and non-pathological criminal incapacity require careful consideration by mental h
APA, Harvard, Vancouver, ISO, and other styles
2

Joubert, Pierre Mauritz, and Cornelius Werdie van Staden. "Behaviour that underpins non-pathological criminal incapacity and automatism: Toward clarity for psychiatric testimony." International Journal of Law and Psychiatry 49 (November 2016): 10–16. http://dx.doi.org/10.1016/j.ijlp.2016.04.007.

Full text
APA, Harvard, Vancouver, ISO, and other styles
3

Hoctor, Shannon. "Non-pathological criminal incapacity relating to provocation or emotional stress – an overview of developments in South African law." South African Journal of Psychology 49, no. 2 (2019): 177–87. http://dx.doi.org/10.1177/0081246319841224.

Full text
Abstract:
The development of the defence of non-pathological incapacity reflects a movement towards recognizing that an accused person should not be punished unless he or she is indeed blameworthy. This is furthermore consistent with the rights to dignity, and freedom and security of the person, set out in the Bill of Rights. However, policy concerns about the availability of a defence based on provocation or emotional stress have been raised. The development of the defence in this context and its apparent, but as yet uncertain, demise in the wake of the judgement of the Supreme Court of Appeal in S v E
APA, Harvard, Vancouver, ISO, and other styles
4

Kotze, Carla, and Paul Henry De Wet. "A 4-year review of psychiatrists’ participation in prosecutorial workshops on criminal capacity." South African Journal of Psychiatry 17, no. 4 (2011): 6. http://dx.doi.org/10.4102/sajpsychiatry.v17i4.267.

Full text
Abstract:
<p><strong>Objective.</strong> The objective was to review psychiatric involvement in seven prosecutorial workshops on criminal capacity between 2004 and 2009. The aim was to evaluate the changing role of the psychiatrists in the workshops in order to identify areas in forensic psychiatry where prosecutors have a specific need for training, and to identify more suitable methods of training.</p><p><strong>Method.</strong> The workshop programmes, copies of presentations, the number of attending prosecutors at each workshop, informal personal notes from
APA, Harvard, Vancouver, ISO, and other styles
5

Sandhya Maharaj. "The Role of Expert Evidence in the Defence of Provocation and Emotional Stress in South Africa." Obiter 40, no. 3 (2019). http://dx.doi.org/10.17159/obiter.v40i3.11189.

Full text
Abstract:
The provocation defence has emerged as one of the most contentious defences in modern times and has remained that way for many years in jurisdictions such as South Africa, England and Canada. In South Africa, the courts have struggled in deciding what role, if any, provocation should occupy in criminal law. This dynamic approach arises from the psychological or principle-based approach to criminal liability. Provocation and emotional stress are powerful emotions. In South Africa, the criminal law recognises that these emotions may impact criminal liability by causing a temporary loss of crimin
APA, Harvard, Vancouver, ISO, and other styles
6

Sandhya Maharaj and Shannon Hoctor. "The Defence of Provocation – Where Are We Now?" Obiter 40, no. 2 (2019). http://dx.doi.org/10.17159/obiter.v40i2.11238.

Full text
Abstract:
The legal development towards treating provocation and emotional stress as factors that may create reasonable doubt as to the presence of criminal capacity is not only novel but revolutionary. Essentially, the law has recognised that a person who causes the death of another can be acquitted of murder, despite suffering no mental illness or defect at the time of killing, if evidence points to provocation and/or severe emotional stress at the time of the commission of the killing leading to a loss of criminal capacity.This dynamic approach is based on the psychological or principle-based approac
APA, Harvard, Vancouver, ISO, and other styles
7

Stevens, Philip. "Unravelling the Entrapment Enigma: Reflections on the Role of the Mental Health Expert in the Assessment of Battered Woman Syndrome and Coercive Control Advanced in Support of a Defence of Non-Pathological Criminal Incapacity (2)." SSRN Electronic Journal, 2011. http://dx.doi.org/10.2139/ssrn.2103080.

Full text
APA, Harvard, Vancouver, ISO, and other styles

Dissertations / Theses on the topic "Non-pathological criminal incapacity"

1

Africa, Adelene R. "An analysis of psychological and legal conceptions of the defence of non-pathological criminal incapacity." Master's thesis, University of Cape Town, 2000. http://hdl.handle.net/11427/13901.

Full text
Abstract:
Bibliography: leaves 59-62.<br>The defence of non-pathological capacity presents challenges for both law and psychology because it acknowledges that psychological factors other than mental illness, are grounds for complete exculpation. In this sense, South African law differs from its Anglo-American counterparts as it recognises that non-pathological factors playa role in negating criminal responsibility. Legal and mental health professionals are instrumental in the application of the defence, but both case law and literature reflect differences in the way in which the defence is understood an
APA, Harvard, Vancouver, ISO, and other styles
2

Nel, Pieter Willem. "Toerekeningsvatbaarheid in die Suid-Afrikaanse Strafreg (Afrikaans)." Diss., Pretoria : [s.n.], 2008. http://upetd.up.ac.za/thesis/available/etd-06232008-121535/.

Full text
APA, Harvard, Vancouver, ISO, and other styles
3

Van, der Haer Anthony Abner. "How would an accused / defence successfully argue non-pathological criminal incapacity or alternative defences, namely in the battered wife / partner syndrome?" Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/27419.

Full text
APA, Harvard, Vancouver, ISO, and other styles
4

Shaba, Flora. "Critical analysis of expert evidence used in support of the battered woman syndrome defence." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/31640.

Full text
Abstract:
The South Africa criminal law allows the battered woman to raise a battered woman syndrome defence in the context of non-pathological criminal incapacity. However, there is a need of expert evidence to support such defence for it to succeed in the court of law. Hence, this paper scrutinizes the task of expert evidence in support of the battered woman syndrome in order to reach the extent of its effectiveness. Nevertheless, such evidence is not indispensable but without it, the court hardly gets persuaded resulting into the failure of the defence. The meaning of battered woman syndrome is artic
APA, Harvard, Vancouver, ISO, and other styles
5

Beukes, Eunette. "An analysis of the S v Lotter and others judgment with reference to the defence of non-pathological criminal incapacity based on coercive persuasion." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/26583.

Full text
Abstract:
In March 2012, the Durban High Court found three accused guilty of murder on two of the accused’s parents. The Lotter case was covered extensively by the media, because of its unusual story: The two Lotter siblings claimed that they were brainwashed by the sister’s boyfriend as he had made them believe that he was the third son of God. As the siblings’ defences they decided to use the controversial defence of non-pathological criminal incapacity. This dissertation gives an extensive outline of case law that has covered this defence. While attempting to define this defence, the courts have limi
APA, Harvard, Vancouver, ISO, and other styles
6

Stevens, G. P. (Geert Philip). "The role of expert evidence in support of the defence of criminal incapacity." Thesis, 2011. http://hdl.handle.net/2263/29194.

Full text
Abstract:
The current study addresses the fundamental role of expert evidence advanced in support of the defence of criminal incapacity. It was endeavoured to illustrate that the scientific entities of forensic psychiatry and psychology fulfil an essential and pivotal role in establishing and assessing the defence of criminal incapacity. The study proposed to illustrate the interaction between the professions of law and medicine on the backdrop of the defence of criminal incapacity. Recommendations were provided with the aim of enhancing the dialogue between the professions of law and medicine when the
APA, Harvard, Vancouver, ISO, and other styles
7

Spamers, Marozane. "A critical analysis of the psycholegal assessment of suspected criminally incapacitated accused persons as regulated by the Criminal Procedure Act." Diss., 2011. http://hdl.handle.net/2263/25053.

Full text
Abstract:
This dissertation critically investigates the current framework for psycholegal assessment of accused persons who are suspected or alleged to have lacked criminal incapacity at the time of committing an offence. This system must function as effectively as possible to ensure the interests of justice and the community are best served. Issues that impact how effectively the criminal justice system collaborates with psychologists and psychiatrists, who act as expert forensic mental health assessors, are identified and recommendations are made accordingly. The study first examines the theoretical b
APA, Harvard, Vancouver, ISO, and other styles
8

Strydom, Jacoba Maria. "Bewysregtelike aspekte by 'n verweer van ontoerekeningsvatbaarheid in strafregtelike verrigtinge." Diss., 1996. http://hdl.handle.net/10500/16138.

Full text
Abstract:
Summaries in Afrikaans and English<br>Text in Afrikaans<br>'n Kort elementologiese uiteensetting vir strafregtelike aanspreeklikheid word gevolg deur bewysregtelike begrippe wat van toepassing is op vermoedens by toerekeningsvatbaarheid. Die historiese regsposisie asook die ontwikkeling in die huidige Suid-Afrikaanse reg met betrekking tot geestesongesteldes, kinders en persone wat 'n verweer van nie-patologiese ontoerekeningsvatbaarheid insluit, word bespreek. Daar word gekonsentreer op ·die ontwikkeling van 'n algemene verweer van niepatologiese ontoerekeningsvatbaarheid. Die konstit
APA, Harvard, Vancouver, ISO, and other styles
9

Van, der Merwe Frederik Wilhelm. "Nie-patologiese ontoerekeningsvatbaarheid as verweer in die Suid-Afrikaanse strafreg." Diss., 1996. http://hdl.handle.net/10500/16265.

Full text
Abstract:
Text in Afrikaans<br>Die verweer van nie-patologiese ontoerekeningsvatbaarheid in die Suid-Afrikaanse strafreg word bespreek. Hierdie verweer is van onlangse oorsprong en verskil van die verwere van ontoerekeningsvatbaarheid as gevolg van jeugdigheid en geestesongesteldheid soos in artikel 78(1) van die Strafproseswet 51 van 1977 uiteengesit word. Die verweer van nie-patologiese ontoerekeningsvatbaarheid dek gevalle waar dit deur faktore soos emosionele spanning veroorsaak is. Hierdie verweer staan ook as die algemene ontoerekeningsvatbaarheidsverweer bekend. In 'n aantal beslissings, s
APA, Harvard, Vancouver, ISO, and other styles
We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!

To the bibliography