The Insanity Defense Multidisciplinary Views on its History Trends and Controversies

Author: Mark D. White
Publisher: ABC-CLIO
ISBN: 1440831815
Format: PDF, Docs
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How often is the defense of insanity or temporary insanity for accused criminals valid—or is it ever legitimate? This unique work presents multidisciplinary viewpoints that explain, support, and critique the insanity defense as it stands. • Presents multidisciplinary coverage of this important topic—one that is typically polarizing for members of the general public • Includes discussions of new advances in neuroscience that have revived debates regarding free will, culpability, and punishment • Illustrates points with widely publicized and televised trials that have recently increased public awareness of the insanity defense as well as heated debates over its justification

The Criminal Law Handbook

Author: Paul Bergman
Publisher: Nolo
ISBN: 1413324711
Format: PDF, Docs
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The criminal justice system is complicated, understand it and your rights Criminal law is full of complex rules and procedures, but this book demystifies them. It explains how the system works, why police, lawyers, and judges do what they do, and—most important—the options for suspects, defendants, and victims. It also provides critical information on working with a lawyer. In plain English, The Criminal Law Handbook covers: search and seizure arrest, booking, and bail Miranda arraignment plea bargains trials sentencing working with defense attorneys common defenses constitutional rights juvenile court preliminary hearings appeals, and public defenders This edition is completely updated, covering the latest changes in criminal and U.S Supreme Court cases. Written by the authors of Represent Yourself in Court, Paul Bergman, J.D. and Sara Berman, J.D.

Philosophical Foundations of Neurolaw

Author: Martin Roth
Publisher: Lexington Books
ISBN: 149853967X
Format: PDF, Docs
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As neuroscience continues to reveal the biological basis of human thought and behavior, what impact will this have on legal theory and practice? The emerging field of neurolaw seeks to address this question, but doing so adequately requires confronting difficult philosophical issues surrounding the nature of mind, free will, rationality, and responsibility. In The Philosophical Foundations of Neurolaw, Martin Roth claims that the central philosophical issue facing neurolaw is whether we can reconcile the conception of ourselves as free, rational, and responsible agents with the conception of ourselves as complex bio-chemical machines. Roth argues that we can reconcile these conceptions. To show this, Roth develops and defends an account of free will that identifies free will with the capacity to respond to rational demands, and he argues that this capacity is at the foundation of our thinking about responsibility. Roth also shows how the mind sciences can explain this capacity, thus revealing that a purely physical system can have the kind of free will that is relevant to responsible agency. Along the way, Roth critiques a number of arguments that purport to show that the kind of reconciliation provided is not possible. Roth concludes that though we should rethink our legal system in important ways, both in light of his account of free will and what neuroscience is poised to reveal, neuroscience does not threaten the law’s core commitment to responsible agency.

Insanity

Author: Charles Patrick Ewing
Publisher: Oxford University Press
ISBN: 9780198043690
Format: PDF, Docs
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The insanity defense is one of the oldest fixtures of the Anglo-American legal tradition. Though it is available to people charged with virtually any crime, and is often employed without controversy, homicide defendants who raise the insanity defense are often viewed by the public and even the legal system as trying to get away with murder. Often it seems that legal result of an insanity defense is unpredictable, and is determined not by the defendants mental state, but by their lawyers and psychologists influence. From the thousands of murder cases in which defendants have claimed insanity, Doctor Ewing has chosen ten of the most influential and widely varied. Some were successful in their insanity plea, while others were rejected. Some of the defendants remain household names years after the fact, like Jack Ruby, while others were never nationally publicized. Regardless of the circumstances, each case considered here was extremely controversial, hotly contested, and relied heavily on lengthy testimony by expert psychologists and psychiatrists. Several of them played a major role in shaping the criminal justice system as we know it today. In this book, Ewing skillfully conveys the psychological and legal drama of each case, while providing important and fresh professional insights. For the legal or psychological professional, as well as the interested reader, Insanity will take you into the minds of some of the most incomprehensible murderers of our age.

Legal Insanity and the Brain

Author: Sofia Moratti
Publisher: Bloomsbury Publishing
ISBN: 1509902325
Format: PDF, ePub, Mobi
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This landmark publication offers a unique comparative and interdisciplinary study of criminal insanity and neuroscience. Criminal law theories and ideologies which underpin the regulation of criminal insanity have always been the subject of controversy. The history of criminal insanity is characterised by conceptual and empirical tension between two disciplinary realms: the law and the mind sciences. The authors in this anthology explore in depth the state of the art of legal insanity and the numerous intricate, fascinating, pioneering and sophisticated questions raised by the integration of different criminal law and behaviour theories, diverse disciplines and methodologies, in a genuinely interdisciplinary perspective. This volume will serve as a practical guide for the comparative legal scholar and the judge, as well as stimulating scholarly reading for the neuroscientist, the social scientist and the philosopher with interdisciplinary scientific interests.

Taming the Past

Author: Robert W. Gordon
Publisher: Cambridge University Press
ISBN: 1107193230
Format: PDF, Kindle
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Lawyers and judges often make arguments based on history - on the authority of precedent and original constitutional understandings. They argue both to preserve the inspirational, heroic past and to discard its darker pieces - such as feudalism and slavery, the tyranny of princes and priests, and the subordination of women. In doing so, lawyers tame the unruly, ugly, embarrassing elements of the past, smoothing them into reassuring tales of progress. In a series of essays and lectures written over forty years, Robert W. Gordon describes and analyses how lawyers approach the past and the strategies they use to recruit history for present use while erasing or keeping at bay its threatening or inconvenient aspects. Together, the corpus of work featured in Taming the Past offers an analysis of American law and society and its leading historians since 1900.

Starship Troopers

Author: Robert A. Heinlein
Publisher: Penguin
ISBN: 9781101500422
Format: PDF, ePub, Mobi
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In Robert A. Heinlein’s controversial Hugo Award-winning bestseller, a recruit of the future goes through the toughest boot camp in the Universe—and into battle against mankind’s most alarming enemy... Johnnie Rico never really intended to join up—and definitely not the infantry. But now that he’s in the thick of it, trying to get through combat training harder than anything he could have imagined, he knows everyone in his unit is one bad move away from buying the farm in the interstellar war the Terran Federation is waging against the Arachnids. Because everyone in the Mobile Infantry fights. And if the training doesn’t kill you, the Bugs are more than ready to finish the job... “A classic…If you want a great military adventure, this one is for you.”—All SciFi

The Decline of the Individual

Author: Mark D. White
Publisher: Springer
ISBN: 3319617508
Format: PDF, ePub, Mobi
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This book explores the steady decline in the status of the individual in recent years and addresses common misunderstandings about the concept of individuality. Drawing from psychology, neuroscience, technology, economics, philosophy, politics, and law, White explains how and why the individual has been devalued in the eyes of scholars, government leaders, and the public. He notes that developments in science have led to doubts about our cognitive competence, while assumptions made in the humanities have led to questions about our moral competence. In this book, White goes on to argue that both of these views are mistaken and that they stem from overly simplistic ideas about how individuals make choices, however imperfectly, in their interests, which are multifaceted and complex. In response, he proposes a new way to look at individuals that preserves their essential autonomy while emphasizing their responsibility to others, inspired by the moral philosophy of Immanuel Kant and the legal and political philosophy reflected in the Bill of Rights to the U.S. Constitution. This book explains how individuality combines both rights and responsibilities, reconciles the popular yet false dichotomy between individual and society, and provides the basis for a humane and respectful civil society and government. This book is part of White's trilogy on the individual and society, which includes The Manipulation of Choice and The Illusion of Well-Being.