A professor of law at the University of Pennsylvania, Henry
Weihofen, presents a penetrating and inclusive view of the problem
of mental illness in relation to criminal law in a book drawn from
the Isaac Ray Award lectures. Mr. Welhofen tells us what laws have
been proposed, what have been in action and how they have been
used, how interpreted, how capable of interpretation. He points out
that the M'Naughten Rules do not take into account the volitional
or emotional but only the conscious cognitive aspect of a person's
behavior- and he shows how English juries have actually
side-stepped the rule in attempting to judge sanity on their own,
the jurists, by "unfit to plead" and prerogatives of mercy. He
weights the progress of the Model Code presently being worked on
against the 1838 Products Rule that Dr. Ray proposed and New
Hampshire put into law. The questions beneath the surface which
really determine court action are aired. The urge of man to punish
for behavior too close to primal drives, the question of
disposition that would determine whether corrective- punitive or
medical-custodial care is suitable, the fear of people that the
individual judged insane and not responsible for his act will soon
he free to strike again - these are some of the points raised for
calm consideration. The final appeal for law that respects life (no
more death penalty) is a fitting conclusion to a cogent, humane
argument. (Kirkus Reviews)
Weihofen's main preoccupation is with the problem of how the law
should assess the nature and degree of mental disturbance in those
who are guilty of criminal acts.
General
| Imprint: |
Praeger Publishers Inc
|
| Country of origin: |
United States |
| Release date: |
June 1979 |
| First published: |
June 1979 |
| Dimensions: |
216 x 140 x 14mm (L x W x T) |
| Format: |
Hardcover
|
| Pages: |
213 |
| Edition: |
New Ed |
| ISBN-13: |
978-0-313-21069-3 |
| Categories: |
Books >
Social sciences >
General
|
| LSN: |
0-313-21069-1 |
| Barcode: |
9780313210693 |
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