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Manifest Madness: Mental Incapacity in the Criminal Law

Arlie Loughnan

Abstract

Whether it is a question of the age below which a child cannot be held liable for their actions, or the attribution of responsibility to defendants with mental illnesses, mental incapacity is a central concern for legal actors, policy makers, and legislators when it comes to crime and justice. Understanding the terrain of mental incapacity in criminal law is notoriously difficult; it involves tracing overlapping and interlocking legal doctrines, current and past practices including those of evidence and proof, and also medical and social understanding of mental order and incapacity. Bringing t ... More

Keywords: mental illness, mental incapacity, crime, justice, criminal law, legal doctrines, mental order, normality, abnormality, criminal responsibility

Bibliographic Information

Print publication date: 2012 Print ISBN-13: 9780199698592
Published to Oxford Scholarship Online: May 2012 DOI:10.1093/acprof:oso/9780199698592.001.0001

Authors

Affiliations are at time of print publication.

Arlie Loughnan, author
Senior Lecturer, School of Law, University of Sydney