The Insanity Defence: International and Comparative Perspectives

This book explores the theory and practice of the insanity defense, analyzing its diverse influence and manifestations across common law and civil law jurisdictions. It discusses the M Naghten Rules, the eclectic nature of the defense, and the social policy mandates it seeks to embrace. It will be of interest to researchers, academics, and advanced students in criminal law, as well as those involved in policy and legislation.

Format: Hardback
Length: 416 pages
Publication date: 15 December 2022
Publisher: Oxford University Press

The insanity defense holds a prominent position within the realm of criminal law, sparking ongoing debates and limited knowledge about its implementation across various jurisdictions, including the United Kingdom and Ireland. In this comprehensive book, authored by Mackay and Brookbanks, along with a team of esteemed contributors, the theory and practice surrounding the insanity defense are explored in depth, shedding light on its diverse influence and manifestations across a wide range of common law and civil law systems.

Typically, the insanity defense, as exemplified by the M Naghten Rules, serves as a fundamental aspect of criminal responsibility, although in certain jurisdictions, it solely delineates degrees of mental capacity. Nonetheless, what unites all jurisdictions is the growing prevalence of mental illness and impairment that challenges the existing frameworks of an exculpatory rule. This book delves into the origins and operational principles of the M Naghten Rules, as well as the eclectic nature of the insanity defense, its varied linguistic expressions, and the diverse social policy objectives it seeks to embrace.

The Insanity Defense aims to revitalize the discourse surrounding the defense by examining its theoretical foundations and exploring how different jurisdictions approach the insanity plea. It delves into the appropriate test for determining insanity, the mechanisms of its operation, and the perspectives of disposal, particularly regarding the treatment of individuals who successfully utilize the insanity defense. This book holds significance for researchers, academics, advanced students, and policymakers interested in criminal law on an international scale, as well as those involved in the formulation and implementation of policy and legislation.

Weight: 772g
Dimension: 240 x 164 x 28 (mm)
ISBN-13: 9780198854944