Manifest Madness: Mental Incapacity in the Criminal Law
This is an open access title available under the terms of a CC BY-NC-ND 3.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Whether it is a question of the age below which a child cannot be held liable for their actions, or the attribution of responsibility to defendants with mental illnesses, mental incapacity is a central concern for legal actors, policy makers, and legislators when it comes to crime and justice. Understanding mental incapacity in criminal law is notoriously difficult; it involves tracing overlapping and interlocking legal doctrines, current and past practices of evidence and proof, and also medical and social understandings of mental illness and incapacity. With its focus on the complex interaction of legal doctrines and practices relating to mental incapacity and knowledge - both expert and non-expert - of it, this book offers a fresh perspective on this topic. Bringing together previously disparate discussions on mental incapacity from law, psychology, and philosophy, this book provides a close study of this terrain of criminal law, analysing the development of mental incapacity doctrines through historical cases to the modern era. It maps the shifting boundaries around abnormality as constructed in law, arguing that the mental incapacity terrain has a distinct character - 'manifest madness'.
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abnormality of mind actus reus argues basis Bratty Butler Report Chapter Commission for England conceptual Cr App Crime and Insanity Criminal Law Review Criminal Liability criminal responsibility criminal trial defendant defendant’s diminished responsibility discussion doli incapax England and Wales England Vol exculpatory mental incapacity excuses expert evidence expert knowledge expert medical formalization History Homicide Act 1957 House of Lords incapacity in criminal individual infanticide Insanity Defence insanity doctrine Insanity in England insanity plea intoxicated offending jury killing knowledge of madness Lacey Law Commission law on intoxicated lay knowledge Lord Lord Denning Majewski manifest madness manslaughter mens rea mental incapacity doctrines mental incapacity terrain moral Naghten Rules offence Partial Defences plea practices prosecution psychiatric Reconstructing the Criminal relation role Scots law Scottish Law Commission significance social special verdict specific intent suggest terrain of mental unfitness to plead University Press Walker Crime Woolmington