The Brannen case alone could have been an interesting presentation. We chose to include other clinical material because we desire a discussion of the broader aspects of temporary insanity as a defense. Acute psychotic episodes, or transitory psychotic states, or temporary insanity are terms depicting the same clinical entity. A person in such state manifests in behavior and expresses n words evidence of marked diminution of ego functioning.
This may result in disturbance of thinking, perception, and judgment to such severe degree as to make it impossible for the affected person to distinguish reality from unreality.
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Holby City —. Rate This. Season 9 Episode The Crown must demonstrate to the court having jurisdiction over the accused that it still has sufficient evidence to try the accused. If the Crown fails to meet this burden then the accused is discharged and proceedings are terminated. The nature of the hearing is virtually identical to that of a preliminary hearing. In the Nordic countries , insanity is not a defense; instead, it is the responsibility of the court system as such to consider whether the accused may have been psychotic or suffering from other severe mental defects when perpetrating the criminal act.
This explains why, in Norway, the court considered the sanity of Anders Behring Breivik , even if he himself declared to be sane. In Sweden, psychotic perpetrators are seen as accountable, but the sanction is, if they are psychotic at the time of the trial, forensic mental care. In Denmark and Norway, psychotic perpetrators are declared guilty, but not punished. Instead of prison, they are sentenced to mandatory treatment. Still, important differences exist between Norway and Denmark. In Finland, punishments can only be administered if the accused is compos mentis , of sound mind; not if the accused is insane syyntakeeton , literally "unable to guarantee [shoulder the responsibility of] guilt".
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Thus, an insane defendant may be found guilty based on the facts and his actions just as a sane defendant, but the insanity will only affect the punishment. The definition of insanity is similar to the M'Naught criterion above: If an accused is suspected to be insane, the court must consult the National Institute for Health and Welfare THL , which is obliged to place the accused in involuntary commitment if he is found insane.
The offender receives no judicial punishment; he becomes a patient under the jurisdiction of THL, and must be released immediately once the conditions of involuntary commitment are no longer fulfilled. Diminished responsibility is also available, resulting in lighter sentences.
This increased coverage gives the impression that the defense is widely used, but this is not the case. From Wikipedia, the free encyclopedia. See also: Involuntary commitment. Archived from the original on Retrieved CS1 maint: Oxford Univ.
Legal Information Institute: Federal Law. Cornell University Law School. Archived from the original on 2 January Retrieved 19 December Criminal Justice: A Brief Introduction. Prentice Hall. The Insanity Defense: Position Statement. Washington, DC: Forensic Psychological Assessment: An Integrative Approach. Needham Heights, MA: Archived from the original on 8 October Archived from the original on 2 February Retrieved 2 February The New England Journal of Medicine.
January California Law Review. Journal of the American Academy of Psychiatry and the Law. Weiner Handbook of Psychology. UK National Archives. Archived from the original on 13 January Mentally Disordered Offenders. Legislative assaults and legal rejoinders". Rutgers Law Journal.
Archived from the original on 15 November Criminal Law. Westbury, NY: The Foundation Press. December 10, ". The New York Times. Retrieved June 18, The Romantic Story of the Puritan Fathers: And Their Founding of NewBoston. Cornell Law School. The American Dictionary of Criminal Justice: Key Terms and Major Court Cases. Scarecrow Press. Archived from the original on 20 October Retrieved 20 October Archived from the original on 21 October Hot Topics: Simon and Schuster. Burden of Proving Insanity—18 U. Department of Justice. Archived PDF from the original on In James, Stuart H.
Forensic science: Boca Raton, FL: Defence of mental disorder". Archived from the original PDF on