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Disorder in the Court - Morality, Myth, and the Insanity Defense (Paperback, New edition)
Loot Price: R808
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Disorder in the Court - Morality, Myth, and the Insanity Defense (Paperback, New edition)
Series: Rhetoric, Law, and the Humanities
Expected to ship within 12 - 17 working days
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The first book-length rhetorical history and analysis of the
insanity defense. The insanity defense is considered one of the
most controversial, most misunderstood, and least straightforward
subjects in the American legal system. Disorder in the Court:
Morality, Myth, and the Insanity Defense traces the US legal
standards for the insanity defense as they have evolved from 1843,
when they were first codified in England, to 1984, when the US
government attempted to revise them through the Insanity Defense
Reform Act. Throughout this period 'insanity' existed primarily as
a legal term rather than a medical one; yet the testimony of
psychiatric experts is required in cases in which an insanity
defense is raised. The adjudication of such cases by courtroom
practice is caught between two different but overlapping
discourses, the legal and the medical, both of which have
historically sought to assert and maintain firm disciplinary
boundaries. Both expert and lay audiences have struggled to
understand and apply commonplace definitions of sanity, and the
portrayal of the insanity defense in popular culture has only
served to further frustrate such understandings. Andrea L. Alden
argues that the problems with understanding the insanity defense
are, at their foundation, rhetorical. The legal concept of what
constitutes insanity and, therefore, an abdication of
responsibility for one's actions does not map neatly onto the
mental health professions' understandings of mental illness and how
that affects an individual's ability to understand or control his
or her actions. Additionally, there are multiple layers of
persuasion involved in any effort to convince a judge, jury - or a
public, for that matter - that a defendant is or is not responsible
for his or her actions at a particular moment in time. Alden
examines landmark court cases such as the trial of Daniel
McNaughtan, Durham v. United States, and the trial of John Hinckley
Jr. that signal the major shifts in the legal definitions of the
insanity defense. Combining archival, textual, and rhetorical
analysis, Alden offers a close reading of texts including trial
transcripts, appellate court opinions, and relevant medical
literature from the time period. She contextualizes these analyses
through popular texts - for example, newspaper articles and
editorials - showing that while all societies have maintained some
version of mental illness as a mitigating factor in their penal
systems, the insanity defense has always been fraught with
controversy.
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