The Insanity Defence: From wild Beasts to M'Naghten

Allnutt, Stephen; Samuels, Anthony; O'Driscoll, Colmán

doi:10.1080/10398560701352181

Cited by 33 publications

(25 citation statements)

References 12 publications

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“…Further research should be directed toward identifying those jurisdictions where Frendak is law and at the same time, the death penalty is not applied. In addition, efforts should be made to simplify the law in this complex area by implementing a more rational approach (30). Regardless of the co-occurrence of Frendak and life without parole, in the search for truth, the informed evaluator would be well advised to consider engaging the defendant in a Frendak inquiry whether asked to do so or not.…”

Section: Resultsmentioning

confidence: 99%

Frendak to Phenis to Breivik: An Examination of the Imposed Insanity Defense

et al. 2014

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The imposition of the insanity defense is a complicated psycho-legal scenario. Globally, definitions of insanity differ from country to country. In a multitude of cases, a determination of insanity at the time of a criminal act means the offender will not be considered responsible for his or her action(s). In many jurisdictions, concerns have been raised that the insanity defense has been used to mitigate punishment, usually after a particularly heinous crime. In this review, the authors use three cases – Frendak, Phenis, and Breivik to demonstrate how the imposition of the insanity defense has been used for legal purposes in the past and present. In an effort to give more background to each of the above-mentioned cases, the writers have provided some details to aid comprehension. The authors offer recommendations for the ethical forensic evaluator unburdened by partisan allegiance and invested in the search for truth. This review article relies on peer-reviewed articles available from PubMed, Meharry Online Library, and legal dictionaries. We also cross-referenced reputable news sources to ensure the validity of the facts we present.

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Section: Resultsmentioning

confidence: 99%

Frendak to Phenis to Breivik: An Examination of the Imposed Insanity Defense

et al. 2014

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“…In particular, the accused was 72 and the attack seemed completely out of step with his 18 [2010] NSWSC 638. 19 Id. at 18.…”

Section: Neuroscience At Trialmentioning

confidence: 99%

Neurolaw in Australia: The Use of Neuroscience in Australian Criminal Proceedings

Alimardani

Chin

2019

Neuroethics

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Recent research has detailed the use of neuroscience in several jurisdictions, but Australia remains a notable omission. To fill this substantial void we performed a systematic review of neuroscience in Australian criminal cases. The first section of this article reports the results of our review by detailing the purposes for which neuroscience is admitted into Australian criminal courts. We found that neuroscience is being admitted pre-trial (as evidence of fitness to stand trial), at trial (to support the defence of insanity and substantial impairment of the mind), and during sentencing. In the second section, we evaluate these applications. We generally found that courts admit neuroscience cautiously, and to supplement more well-established forms of evidence. Still, we found some instances in which the court seemed to misunderstand the neuroscience. These cases ranged from interpreting neuroscience as "objective" evidence to admitting neuroscience when the same non-neuroscientific psychiatric evidence would be inadmissible for being common sense. Furthermore, in some cases, neuroscientific evidence presents a double-edged sword; it may serve to either aggravate or mitigate a sentence. Thus, the decision about whether or not to tender this evidence is risky.

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“…The concept of knowledge of wrongfulness is broader following the case of Porter where an element of being able to reflect with a moderate degree and sense of composure on decisions about moral wrongfulness is incorporated. 7 Transfer of mentally ill prisoners to hospital for involuntary care can occur, however, it is often limited by resource availability. Diversion of mentally ill or disordered offenders for lower order offences into clinical care is possible by legislation, and is applied variably across the states.…”

Section: Forensic Psychiatry In Australiamentioning

confidence: 99%

Forensic psychiatry and mental health in Australia: an overview

Ellis

2019

CNS Spectr.

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This article reviews the development of forensic psychiatry and mental health services in Australia for the international reader. It covers the legacy of a series of colonial systems that have contributed to a modern health service that interacts with justice systems. The development of relevant legislation, hospitals, prison services, community, and courts services is reviewed. The training and academic development of professionals is covered. Gaps in service delivery and future directions are considered.

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The Insanity Defence: From wild Beasts to M'Naghten

Cited by 33 publications

References 12 publications

Frendak to Phenis to Breivik: An Examination of the Imposed Insanity Defense

Frendak to Phenis to Breivik: An Examination of the Imposed Insanity Defense

Neurolaw in Australia: The Use of Neuroscience in Australian Criminal Proceedings

Forensic psychiatry and mental health in Australia: an overview

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