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The mental disability requirement in the insanity defense.

Authors :
Slovenko, Ralph
Slovenko, R
Source :
Behavioral Sciences & the Law; Apr-Jun1999, Vol. 17 Issue 2, p165-180, 16p
Publication Year :
1999

Abstract

This paper offers a discussion of some of the nuances of mental disease or defect as required for the insanity defense in criminal law. It also compares and contrasts the mental disease or defect definitions of criminal law with those definitions used in clinical practice. It points out a general pattern of vagueness and dispute regarding the proper interpretation of the mental disability requirement in the insanity defense and in other legal provisions. It reports a variety of interpretations by courts and commentators regarding the meaning of these phrases, and it reports attempts by state legislatures to narrow the range of applicable conditions by excluding various mental or emotional states. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
07353936
Volume :
17
Issue :
2
Database :
Complementary Index
Journal :
Behavioral Sciences & the Law
Publication Type :
Academic Journal
Accession number :
11818727
Full Text :
https://doi.org/10.1002/(SICI)1099-0798(199904/06)17:2<165::AID-BSL337>3.0.CO;2-Y