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Craziness and criminal responsibility.

S J Morse1

  • 1The Law School, University of Pennsylvania, 3400 Chestnut Street, Philadelphia, PA 19104-6204, USA.

Behavioral Sciences & the Law
|July 9, 1999
PubMed
Summary
This summary is machine-generated.

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Mental disorder can be relevant to criminal responsibility, potentially excusing defendants in certain cases. The article argues for allowing mental disorder evidence to negate criminal intent (mens rea) when applicable.

Area of Science:

  • Forensic Psychology
  • Legal Studies
  • Criminal Law Theory

Background:

  • Understanding criminal responsibility is crucial for assessing the role of mental disorder.
  • Common misconceptions regarding responsibility and excuse in legal contexts are addressed.

Purpose of the Study:

  • To elucidate the relevance of mental disorder to criminal responsibility.
  • To analyze the theoretical underpinnings of responsibility and excuse.
  • To examine the constitutional basis for excusing conditions related to mental disorder.

Main Methods:

  • Theoretical analysis of legal concepts of responsibility and excuse.
  • Examination of the relationship between mental disorder and mens rea (criminal intent).
  • Constitutional law review concerning mental disorder defenses.

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Main Results:

  • Mental disorder can justify complete or partial excusing conditions, such as legal insanity.
  • The U.S. Constitution may necessitate provisions for mental disorder-based excuses.
  • Mental disorder rarely negates mens rea, but claims should be permitted when plausible.

Conclusions:

  • Mental disorder should lead to excusing conditions in appropriate criminal responsibility cases.
  • Defendants should be allowed to present evidence of mental disorder to negate mens rea when applicable.