The Criminal Law of Mental Incapacity

Mental Disorder and Criminal Law

from mistakes and learn from experience, to engage in logical reasoning, to control impulses, and to understand the reactions of others . . . . Their deficiencies do not warrant an exemption from criminal sanctions, but they do diminish their personal culpability . . . . With respect to retribution—the interest in seeing that the offender gets his “just deserts”—the severity of the appropriate ...

Mental health and incapacity legislation

I enjoyed the article by Dawson & Szmukler (2006) because I like to keep up to date with legal and ethical issues in mental health. However, their claim for equivalence between mental and physical diseases sits uneasily with scientific papers published in the Journal. Shaw et al (2006) found that schizophrenia had a prevalence of 5% in perpetrators of homicide, compared with 1% in the general p...

Mental health and incapacity legislation

The laudable aim of Dawson & Szmukler (2006) of eliminating discrimination against those with mental illness by a fusion of mental health and incapacity legislation may not be achievable with their proposals. They address the ethical difficulties of treating ‘patients with fluctuating mental conditions who temporarily regain their capacity after medication, and again refuse necessary treatment’...

Mental health and incapacity legislation.

I enjoyed the article by Dawson & Szmukler (2006) because I like to keep up to date with legal and ethical issues in mental health. However, their claim for equivalence between mental and physical diseases sits uneasily with scientific papers published in the Journal. Shaw et al (2006) found that schizophrenia had a prevalence of 5% in perpetrators of homicide, compared with 1% in the general p...

Codification of the Criminal Law