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This book examines core issues related to legal insanity, integrating perspectives from psychiatry, law, and ethics. Various criteria for insanity are analyzed and recommendations for forensic psychiatric and legal practice are offered. Many legal systems have an insanity defense, in one form or another. Still, it remains unclear exactly when and why mental disorders affect a person's moral or criminal responsibility. Questions addressed in this book include: Why should insanity be a component of our legal system? What should be the criteria for an insanity defense? What would be the reasons for abolishing it? Who should bear the burden of proof? Furthermore, the book discusses the impact neurosciences may have on psychiatric and psychological evaluations of defendants as well as on legal decisions about insanity.
List of contents
Preface.- Introduction.- Legal insanity standards: their structure and elements.- arguments against the insanity defense and responses.- Lack of free will and irrationality.- Competent and compromised decision-making.- Neurolaw: challenges and opportunities.- Issues to consider when revising legal insanity.- Concluding observations on the present and future of insanity.- References.- Index.- About the author.
About the author
Gerben Meynen received a Ph.D. in Philosophy and in Medicine. He is an endowed professor of Forensic Psychiatry (Tilburg University) and an endowed professor of Ethics and Psychiatry (VU University Amsterdam). Since 2006, he has been a psychiatrist at GGZ inGeest, Amsterdam.
Summary
This book examines core issues related to legal insanity, integrating perspectives from psychiatry, law, and ethics. Various criteria for insanity are analyzed and recommendations for forensic psychiatric and legal practice are offered. Many legal systems have an insanity defense, in one form or another. Still, it remains unclear exactly when and why mental disorders affect a person’s moral or criminal responsibility. Questions addressed in this book include: Why should insanity be a component of our legal system? What should be the criteria for an insanity defense? What would be the reasons for abolishing it? Who should bear the burden of proof? Furthermore, the book discusses the impact neurosciences may have on psychiatric and psychological evaluations of defendants as well as on legal decisions about insanity.
Additional text
“The curious reader is showered with a detailed and engaging narrative of the concept of legal insanity … . content is so informative and engaging that it can be beneficial to instruction in undergraduate and graduate classes encompassing a variety of subjects … . It can also be the ideal read for legal scholars, philosophers of ethics, and scientists who are interested in the conundrums posed by the criteria that determine legal insanity in diverse legal systems.” (Maura Pilotti, metapsychology online reviews, metapsychology.mentalhelp.net, Vol. 21 (27), July, 2017)
“This book attempts to confront insanity cases from a multidisciplinary perspective by using the three pillars of its foundation: psychiatry, ethics, and the law. … Although likely interesting for those involved in the legal system, philosophy, ethics, or the mental health system, this book also may prove to be a valuable resource for students interested in these fields or for anyone wishing to know more about the origins, current practice, and potential future direction of the insanity defense.” (Steven T. Herron, Doody's Book Reviews, March, 2016)
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"The curious reader is showered with a detailed and engaging narrative of the concept of legal insanity ... . content is so informative and engaging that it can be beneficial to instruction in undergraduate and graduate classes encompassing a variety of subjects ... . It can also be the ideal read for legal scholars, philosophers of ethics, and scientists who are interested in the conundrums posed by the criteria that determine legal insanity in diverse legal systems." (Maura Pilotti, metapsychology online reviews, metapsychology.mentalhelp.net, Vol. 21 (27), July, 2017)
"This book attempts to confront insanity cases from a multidisciplinary perspective by using the three pillars of its foundation: psychiatry, ethics, and the law. ... Although likely interesting for those involved in the legal system, philosophy, ethics, or the mental health system, this book also may prove to be a valuable resource for students interested in these fields or for anyone wishing to know more about the origins, current practice, and potential future direction of the insanity defense." (Steven T. Herron, Doody's Book Reviews, March, 2016)
