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The Insanity Defense Author: Abraham S. Goldstein

ISBN: 9780300000993 Format: Paperback Number Of Pages: 288 Published: 1 March 1967 Country of Publication: US Dimensions (cm): 20.3 x 12.7 x 1.7 Description: For more than a century, the insanity defense has been the most passionately debated issue in criminal law, the focal point of deeply rooted conflicts as to the function of a law of crime.  Unfortunately, however, the debate has been dominated by slogans and stereotypes ? and by an inappropriate array of law against psychiatry, retribution against rehabilitation.  The prevailing M'Naghten and ?irresistible impulse" rules have been roundly condemned and a reform consensus has developed that ?something" desperately needs to be done about the insanity defense.  Mr. Goldstein examines the assertions about the inadequacy of the existing rules and considers what might be expected from the new rules which have been proffered.  Making his examination in the context of the entire trial process, he asks what relation the legal rules bear to those aspects of the trial which give them detailed content: whether evidence of mental disorder will be admitted; how freely experts may testify; whether a defendant's case will be regarded by the judge as sufficient to allow the jury to pass upon it; and how the jurors are instructed about the defense.  He demonstra...

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