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Attacks On The Insanity Defense
Beginning of paper
The insanity defense refers to that branch of the concept of insanity which
defines the extent to which men accused of crimes may be relieved of
criminal responsibility by virtue of mental disease. The terms of such a
defense are to be found in the instructions presented by the trial judge to
the jury at the close of a case. These instructions ca ....
Middle of paper
....lems in
exactly how to apply a medical theory to a legal matter (Herman, 1983;128).
The legal concepts of mental illness and insanity raise questions in a
conflict between what are termed legalistic criminology and scientific
criminology: mens rea, punishment v. treatment, responsibility, and prisons
v. hospitals. This debate seesaws to and fro ami.... |
| Word count: 3680 |
Page count: 14 |
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