Read e-book online Offenders, deviants or patients? PDF

By Herschel Prins

This 3rd version of Offenders, Deviants or sufferers? is aimed in particular at knowing the social context of the intense legal criminal who's deemed to be mentally irregular. utilizing updated case examples, Herschel Prins examines the connection among abnormality and felony behaviour, the level to which this dating is used or misused within the legal courts, and many of the amenities which are at the moment on hand for the management/incarceration of offenders/patients. Offenders, Deviants or sufferers? can be priceless to all those that come into touch with severe offenders, in addition to these learning crime or legal behaviour.

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Example text

He was sentenced to life imprisonment with no eligibility for parole before 70 years and was subsequently murdered in prison. Other ``erosions'' of responsibility Infanticide Apart from the Homicide Act, the law makes speci®c provision for the erosion of responsibility in cases of killing in one other way. This is through the Infanticide Act 1938. This enactment (which amended an earlier Act of 1922, which, in turn, had revised much earlier legislation) was introduced in order to relieve from the death sentence for murder a woman who, under certain speci®c circumstances, had caused the death of her children.

One of the key issues that emerges in Nilsen's case is similar to that in Sutcliffe's ± namely the dif®culty involved in ®tting the inherently imprecise concepts used in psychiatry into the con®ning straitjacket of the law. There is an important difference between the two cases. Sutcliffe's disorder was one that might be improved (if not cured) by treatment. The more intrusive features of his delusions could be treated, and abated to some extent, by medication. In Nilsen's case, his personality disorder, even if it had constituted an abnormality of mind, was considered to be largely untreatable so that a penal as opposed to a mental health disposal may seem only marginally less helpful.

Provocation Buchanan (2000) notes that ``the defence of provocation emerged in English law in the seventeenth century'' (p. 50). The Homicide Act of 1957 made ``statutory provision for provocation to reduce what would otherwise be murder to manslaughter'' (p. 50) thus avoiding a conviction for the former. The defence hinges on the presence or otherwise of a sudden loss of control and whether or not a reasonable person would have acted as the defendant did. Numerous dif®culties have arisen in the courts' interpretations of these and have led to some contradictory decisions from the Court of Appeal (see later).

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