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Articles 601 - 630 of 651
Full-Text Articles in Law and Psychology
Reliable Identification: Could The Supreme Court Tell In Manson V. Brathwaite, Randolph N. Jonakait
Reliable Identification: Could The Supreme Court Tell In Manson V. Brathwaite, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
The Battered Spouse Syndrome As A Defense To A Homicide Charge Under The Pennsylvania Crimes Code, Doris Del Tosto
The Battered Spouse Syndrome As A Defense To A Homicide Charge Under The Pennsylvania Crimes Code, Doris Del Tosto
Villanova Law Review (1956 - )
No abstract provided.
The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider
The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider
Michigan Law Review
A Review of The Discovery of the Asylum: Social Order and Disorder in the New Republic by David J. Rothman
Book Review: H. Fingarette & A. Fingarette Hasse, Mental Disabilities And Criminal Responsibilities, John Q. La Fond
Book Review: H. Fingarette & A. Fingarette Hasse, Mental Disabilities And Criminal Responsibilities, John Q. La Fond
Seattle University Law Review
Whether mental illness and related impairments in the human psyche should affect an individual's criminal responsibilityfor law-breaking behavior has always provoked intense andwide-ranging debate. This debate clearly reflects society's lack of consensus concerning the appropriateness and scope of considering mental impairment in assessing individual criminal responsiblility. Thus, it is not unexpected that recently proposals to abolish the insanity defense have been seriously suggested or that noted scholars have urged society to place the disposition of mentally ill offenders in the exclusive hands of experts. That this heated discussion continues unabated should come as no surprise, since legal doctrines which excuse …
The Constitutional Dilemma Of A Person Predisposed To Criminal Behavior, John A. Chandler, Stanley F. Rose
The Constitutional Dilemma Of A Person Predisposed To Criminal Behavior, John A. Chandler, Stanley F. Rose
Vanderbilt Law Review
The basic premise of American criminal jurisprudence is that individuals are capable of controlling their behavior.' The threat of incarceration is intended to be a deterrent to antisocial conduct. State and federal penal systems are called "correctional institutions"--implying that a person is incarcerated in order to modify unacceptable behavior. Criminal laws are drafted with goals of discouraging antisocial conduct,punishing and reforming the guilty, and protecting society against dangerous individuals. The first two purposes are served only if a person can respond to negative reinforcement by conducting himself in socially acceptable ways. Individuals incapable of controlling antisocial behavior are not accounted …
Sentencing: The Use Of Psychiatric Information And Presentence Reports, Rutheford B. Campbell Jr.
Sentencing: The Use Of Psychiatric Information And Presentence Reports, Rutheford B. Campbell Jr.
Law Faculty Scholarly Articles
It has become apparent that the two disciplines of law and psychiatry have a common "interface" in the field of criminal justice. Commentators generally agree that the administration of criminal justice is greatly aided by psychiatrists and psychiatric data. That is not to say, however, that the meeting of the disciplines has been without incident or misunderstanding. Problems have arisen because of divergent attitudes and goals of the professions. Some commentators say that the concerns of the two disciplines are not the same; others claim that much of the problem lies in the over-estimation of the certainty and reliability of …
Mental Illness And Criminal Commitment In Michigan, Grant H. Morris
Mental Illness And Criminal Commitment In Michigan, Grant H. Morris
University of Michigan Journal of Law Reform
This article concentrates on one vital issue: to what extent are differences in treatment justified because of a mentally ill person's "criminal" involvement. While the article is primarily concerned with Michigan institutions and Michigan statutes, the discussion and the solutions proposed are in many respects applicable to all states of the Union. Not only must all states reevaluate their policies toward criminal commitment of the mentally ill in light of ever-changing medical and penal theory, but they must also consider the developing constitutional concepts in this area. These constitutional issues are raised here only to the extent necessary to alert …
A Psycho-Analytic Peek At Conspiracy, Al Katz
A Psycho-Analytic Peek At Conspiracy, Al Katz
Buffalo Law Review
No abstract provided.
Law And Anarchy, Sidney Hook
Law And Anarchy, Sidney Hook
University of Richmond Law Review
I wish to consider certain views and attitudes about law and government that seem widely held today, that encourage contempt for law and at least indirectly bear on current political behavior.
The Punishment Of Suicide - A Need For Change, David S. Markson
The Punishment Of Suicide - A Need For Change, David S. Markson
Villanova Law Review (1956 - )
No abstract provided.
Psychiatry And The Dilemmas Of Crime, By Seymour L. Halleck, Andrew S. Watson
Psychiatry And The Dilemmas Of Crime, By Seymour L. Halleck, Andrew S. Watson
Indiana Law Journal
No abstract provided.
The Insanity Defense In English-Speaking African Countries, Michael L. Perlin
The Insanity Defense In English-Speaking African Countries, Michael L. Perlin
Articles & Chapters
No abstract provided.
Pedophilia, Exhibitionism, And Voyeurism: Legal Problems In The Deviant Society, E. C. B., Jr.
Pedophilia, Exhibitionism, And Voyeurism: Legal Problems In The Deviant Society, E. C. B., Jr.
Georgia Law Review
Statutes concerning sexual offenses have long been part of the criminal law. Deviants, psychopaths, sodopaths, and perverts are some of the terms applied to offenders. These terms are dependent upon and conditioned by cultural norms,' which describe certain forms of behavior as deviant, and by legal norms which outline the nature of each offense.2 Because of the myriad sexual acts considered unlawful in the United States,3 Dr. Kinsey has concluded that ninety-five percent of the American male population are technically sex criminals.4 It is indeed ironic that sex laws, which are violated by such a large majority of the population, …
Disposition Of The Irresponsible: Protection Following Commitment, Travis H. Lewin
Disposition Of The Irresponsible: Protection Following Commitment, Travis H. Lewin
Michigan Law Review
Each year more of our fellow citizens are involuntarily committed to a mental institution of one sort or another than are incarcerated for the commission of a crime. To those committed, the walls and barred windows of the hospital, as well as the treatment and mode of living, are probably not significantly different from those of a prison. This is particularly the case with those confined for treatment by court order or by some special statutory procedure following acquittal of a crime on grounds of insanity. Yet these mentally ill, even after perpetrating what would otherwise have been a criminal …
Chronic Alcoholic Court Offenders: An Alternative To The Drunk Tank, Jack H. Watson, Jr
Chronic Alcoholic Court Offenders: An Alternative To The Drunk Tank, Jack H. Watson, Jr
Georgia Law Review
T HE social problem of alcoholism may be divided into two categories: (1) that of the "visible" alcoholic or "chronic alcoholic court offender" whose illness is manifested hundreds of thousands of times per year either on city streets, or in countless city and county stockades acoss the country; and (2) that of the "invisible" alcoholic whose illness is just as serious, but whose social and economic position permits him to suffer through years of alcoholism without being arrested or taken before a magistrate for being drunk in public. It is estimated that over 6,500,000 persons in the United States are …
Psychiatric Criminology: Is It A Valid Marriage? The Legal View, Jerome Hall
Psychiatric Criminology: Is It A Valid Marriage? The Legal View, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
The Defense Of Walter X Wilson: An Insanity Plea And A Skirmish In The War On Poverty, Richard Arens
The Defense Of Walter X Wilson: An Insanity Plea And A Skirmish In The War On Poverty, Richard Arens
Villanova Law Review (1956 - )
No abstract provided.
Schur: Crimes Without Victims: Deviant Behavior And Public Policy, Mauris M. Platkin M.D.
Schur: Crimes Without Victims: Deviant Behavior And Public Policy, Mauris M. Platkin M.D.
Michigan Law Review
A Review of Crimes Without Victims: Deviant Behavior and Public Policy by Edwin M. Schur
Prejudicial In11uence On Jury Of Newspaper Published During Trial-People V. Purvis, Michigan Law Review
Prejudicial In11uence On Jury Of Newspaper Published During Trial-People V. Purvis, Michigan Law Review
Michigan Law Review
Defendant had been paroled after serving four years of a sentence for second degree murder. While on parole, he was tried for another homicide and convicted of murder in the first degree. In separate penalty trials, juries had twice assessed the death sentence, which, on both occasions, had been set aside by the reviewing court. During the third trial, the Sunday newspaper in the local county published a front-page article attacking the leniency of the parole system, attributing the area's high crime rate partly to the recidivist tendencies of parolees, and quoting the county sheriff's opinion that defendant should be …
Science, Common Sense, And Criminal Law Reform, Jerome Hall
Science, Common Sense, And Criminal Law Reform, Jerome Hall
Articles by Maurer Faculty
Professor Hall advocates a reappraisal of the current trend in criminal law of substituting expert psychiatric testimony for common-sense determinations of insanity based on the long experience of the criminal-law tradition. Holding that the average layman is as competent to recognize extreme mental illness as the psychiatric expert, the author discusses the doctrine of the "irresistible impulse" and submits that the current departures from the M'Naghten rule tend to "substitute the ideology of a particular group of psychiatrists for the principle of moral responsibility." Professor Hall suggests that realistic reform cannot be achieved without considering the "moral life and its …
Subnormal Mentality As A Defense In The Criminal Law, John E.V. Pieski
Subnormal Mentality As A Defense In The Criminal Law, John E.V. Pieski
Vanderbilt Law Review
Although little is left of the theory which ascribed to mental deficiency causative force in criminal conduct, the entire episode taught at least two valuable lessons to modem criminologists. First, it served as a warning against superficial research and hasty conclusions, thus inducing subsequent scholars to take a more scientific approach to similar problems. Second, it aided in alerting others that, although not all or even most criminals are mentally deficient, there are an appreciable number of criminals who possess a subnormal mentality, and who must be reckoned within the criminal law. Notwithstanding that the legal profession has utilized the …
Legal, Medical And Psychiatric Considerations In The Control Of Prostitution, B. J. George Jr.
Legal, Medical And Psychiatric Considerations In The Control Of Prostitution, B. J. George Jr.
Michigan Law Review
In common with other nations of the world the United States today as in the past is faced with the problem of controlling prostitution, particularly in urban areas. At one time or another states and cities in the United States have experimented with the classic methods of controlling prostitution: reglementation, segregation and repression. Reglementation of individual houses or prostitutes has never been carried out on a statewide basis in any state in the United States, though one can find instances in certain large cities in the nineteenth and early twentieth centuries in which city ordinances or de facto police regulations …
Criminal Psychology, Edited By Richard W. Nice, Winfred Overholser
Criminal Psychology, Edited By Richard W. Nice, Winfred Overholser
Indiana Law Journal
No abstract provided.
Evidence - Criminal Insanity - Psychologist's Diagnosis Regarding Mental Disease Or Defect Admissible On Issue Of Insanity, C. Clark Hodgson Jr.
Evidence - Criminal Insanity - Psychologist's Diagnosis Regarding Mental Disease Or Defect Admissible On Issue Of Insanity, C. Clark Hodgson Jr.
Villanova Law Review (1956 - )
No abstract provided.
Criminal Law - Insane Persons - Competency To Stand Trial, John H. Hess M.D., Henry B. Pearsall S.Ed., Donald A. Slichter S.Ed., Herbert E. Thomas M.D.
Criminal Law - Insane Persons - Competency To Stand Trial, John H. Hess M.D., Henry B. Pearsall S.Ed., Donald A. Slichter S.Ed., Herbert E. Thomas M.D.
Michigan Law Review
Mental unsoundness in a person accused of a crime raises two distinct legal questions. One is the question of the individual's responsibility for his behavior and the other is the question of the individual's competency to enter into the legal procedures of trial or punishment. In recent years considerable attention has been given to matters of responsibility, but relatively little attention has been paid to the problem of incompetency and especially to the consequences of incompetency proceedings. In order to analyze and evaluate the operations of the Michigan law in the area of incompetency to stand trial, two psychiatrists joined …
Criminal Law - Insane Persons - Influence Of Mental Illness On The Parole Return Process, David G. Davies S.Ed., John H. Hess M.D.
Criminal Law - Insane Persons - Influence Of Mental Illness On The Parole Return Process, David G. Davies S.Ed., John H. Hess M.D.
Michigan Law Review
Defendants in the criminal process are divided into rigidly exclusive categories of mental health. The competent to stand trial are first separated from the incompetent. Then the competent are divided on the basis of their mental state at the time of their acts between the "sane" and the "insane." As long as these rigid categories are administered in an adversary trial system, some misdirection of victims of serious mental illness into the penal system is almost inevitable. Even where mental illness might otherwise prevent conviction, those accused of non-capital felonies are not likely to raise the question, and few courts …
Criminal Law - Insanity - Test For Criminal Responsibility, Michael R. Bradley
Criminal Law - Insanity - Test For Criminal Responsibility, Michael R. Bradley
Villanova Law Review (1956 - )
No abstract provided.
Macdonald: Psychiatry And The Criminal, Raymond L. Carol
Macdonald: Psychiatry And The Criminal, Raymond L. Carol
Michigan Law Review
A Review of Psychiatry and the Criminal By John M. MacDonald.
Mental Disease And Criminal Responsibility-M'Naghten Versus Durham And The American Law Institute's Tentative Draft, Jerome Hall
Mental Disease And Criminal Responsibility-M'Naghten Versus Durham And The American Law Institute's Tentative Draft, Jerome Hall
Indiana Law Journal
On April 5, 1957 a Conference Panel discussion on Mental Disease and Criminal Responsibility was held at the Harvard Law School during the annual meeting of the First and Second Circuits of the American Law Student Association. The participants were Professor Abram J. Chayes, Harvard, who had assisted in the preparation of the Durham opinion and who presented that view; Professor Herbert Wechsler, Columbia, Chief Reporter of the American Law Institute's Model Penal Code, who presented that view; and Professor Jerome Hall, Indiana, who presented the M'Naghten view. Professor Louis L. Jaffe, Harvard, presided. Unfortunately, Professor Chayes' and Professor Wechsler's …
Abstracts Of Recent Cases, T. E. P.