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Anglo-American Insanity Defence Reform

The War Between Law and Medicine. Routledge Revivals

By (author) Faye Boland
Format: Hardback
Publisher: Taylor & Francis Ltd, London, United Kingdom
Imprint: Routledge
Published: 31st Jul 2018
Weight: 540g
ISBN-10: 1138610178
ISBN-13: 9781138610170
Barcode No: 9781138610170
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Synopsis
First published in 1999, The book examines the magnitude of the polemic surrounding each attempt to reformulate the insanity defence in the United States, England and Ireland. The book contains a critique of the McNaghten Rules, the defence of irresistible impulse, the product test of insanity, the justly responsible test, the American Law Institute's test of insanity and the Butler Committee's proposed revision. At the heart of the controversy surrounding each reformulation has been a medico-legal tension over the wording of the insanity defence and whether law or psychiatry's view of insanity should prevail. The book looks at the success of the English diminished responsibility defence in abating the controversy. The result of introducing this defence has been the emergence of the legal and medical professions from a state of cold war to entente cordiale. The book explores the reasons for the diminished responsibility defence's success in resolving the polemic over the insanity defence.

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