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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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The Role of Mental Illness in Criminal Trials: The History of Mental Illness in Criminal Cases - The English Tradition

Edited by: Jane Moriarty

ISBN13: 9780815340621
ISBN: 0815340621
Published: December 2001
Publisher: Routledge
Country of Publication: USA
Format: Hardback
Price: £180.00



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Whether the accused is competent to stand trial, whether the plaintiff is competent to accuse, or whether a witness is competent to testify has had a long legal history. Such questions draw legal reasoning into areas of ethical reflection and scientific debate deeply rooted in the moral history of the United States. Mental competence has come to play a central and controversial role in proving guilt, and in evaluating the severity of a crime and its corresponding punishment. This compendium brings together the major legal precedents and legal commentaries that have defined the role of mental illness in criminal trials throughout U.S. history. The reprint collection considers, among other issues, the evolution of the Supreme Court's position on the insanity defense and mental retardation, how these affect one's competency to stand trial or be executed, and how these affect culpability and punishment. Each volume begins with an introductory essay, and includes both cases and commentary. Scholars as well as students will find these volumes a useful research tool.

Subjects:
Other Jurisdictions , USA
Contents:
'The Trial of Edward Arnold,' 16 State Trials 695 (1723) (English Reports) Robinson, Daniel N. Wild Beasts and Idle Humours: The Insanity Defense from Antiquity to the Present (Harvard University Press, 1996)
'Hadfield's Case,' 16 State Trials 1282 (1800) (English Reports)
O'Reilly-Fleming, Thomas. 'From Beasts to Bedlam: Hadfield, the Regency Crisis, M'Naghten and the 'Mad' Business in Britain, 1788-1843,' Journal of Psychiatry & Law 20 (1992)
'Oxford's Case,' 4 State Trials (new series) 498 (1840) (English Reports)
'The Case of Daniel M'Naghten,' 4 State Trials (new series) 847 (1843) (reprinted in Sir Roger Ormrod, The McNaughton Case and Its Predecessors, Daniel McNaughton: His Trial and Aftermath, Donald J. West and Alexander Walk, Eds. (Gaskell Books, 1977). Moran, Richard
'The House of Lords Debate,' in Knowing Right from Wrong: The Insanity Defense of Daniel McNaughtan (The Free Press, 1981)
Sir Roger Ormrod, The McNaughton Case and Its Predecessors, Daniel McNaughton: His Trial and Aftermath, Donald J. West and Alexander Walk, Eds. (Gaskell Books, 1977).