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The insanity defense: Related issues
1Department of Psychiatry, SRM Medical College and Research Institute, Kanchipuram, Tamil Nadu, India.
Indian Journal of Psychiatry
|February 21, 2017
Summary
Criminal liability has long focused on free will, neglecting biological and environmental influences. Neuroscience suggests legal tests for criminal responsibility, like the insanity defense, may be outdated and require updates.
Area of Science:
- Forensic Psychology
- Neuroscience
- Criminal Law
Background:
- Criminal liability has historically centered on the concept of free will and the capacity to discern right from wrong.
- Alternative theories, positing behavior as an interaction of biological and environmental factors, have struggled for acceptance within the criminal justice system.
- The insanity defense, a long-standing legal concept, has evolved through various tests, with historical formulations like McNaughton's rules emphasizing intellectual understanding of right and wrong.
Purpose of the Study:
- To evaluate the adequacy of current legal standards for criminal liability in light of modern neuroscience.
- To explore the limitations of rationality-focused legal tests, particularly the neglect of impulse control and volitional capacity.
- To propose improvements for juror decision-making in criminal responsibility assessments.
Main Methods:
- Review of historical legal tests for criminal responsibility, including McNaughton's rules.
- Analysis of current understanding of neurological evidence related to compulsion and impulse control.
- Examination of the concept of "evidentiary relevance" and expert testimony quality control.
Main Results:
- Traditional legal tests for criminal responsibility, focusing on rationality, appear outdated given neurological evidence of compulsion and lack of impulse control.
- Current legal frameworks may neglect crucial aspects of volitional capacity, impacting the accuracy of assessments.
- The concept of "Relevance ratio" is suggested for "evidentiary relevance," alongside quality control for expert testimonies.
Conclusions:
- Neuroscience advancements challenge fundamental legal assumptions about voluntary conduct underlying criminal defenses.
- Legal standards for criminal liability may require significant revision to incorporate findings on impulse control and biological/environmental influences.
- Implementing separate "Control determination" and "Rationality determination" for jurors could enhance the accuracy of legal judgments regarding criminal responsibility.
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