Omschrijving
The Insanity Defence provides an essential comparative perspective on the theory and practice of the insanity defence in both common law and civil law jurisdictions. It is a companion volume to Fitness to Plead (OUP 2018) by the same editors and is written and edited by a team of leading experts in the field.
This is an illuminating collection of essays on the insanity defence, covering a variety of jurisdictions, mainly in the Anglo American common law world, but some in the civil, as well as the international criminal court and tribunals. It brings out for discussion the different approaches and many dilemmas posed to our notions of criminal responsibility when a defendant is seriously mentally disordered. It makes a strong case for reform of the law in England and Wales. It is essential reading for anyone with an interest in mental health law, whether as lawyers, psychiatrists or for any other reason.
The Insanity Defence: International and Comparative Perspectives is an excellent resource. The variety of substantive and procedural standards discussed here should spur reflection and debate on the future direction of the defense. The granular detail on countries' approaches to vexing, common problems could assist in the development of policy. I hope Mackay and Brookbanks will commission a second volume to expand our knowledge of other jurisdictions.
The Insanity Defence: International and Comparative Perspectives, a thoughtful compilation edited by Ronnie Mackay and Warren Brookbanks, seeks to expand our conceptual horizons by providing a comparative overview of the insanity defense in a dozen common and civil law jurisdictions. This impressive work, generated by leading scholars around the globe, is a significant contribution to comparative criminal law and no doubt will be a cherished reference for years to come.
Ronnie Mackay, Professor of Criminal Policy and Mental Health, Leicester De Montfort Law School, De Montfort University, UK. Warren Brookbanks, Professor of Criminal Law and Justice Studies, Director of the Centre for Non-Adversarial Justice at Auckland University of Technology, Auckland, New Zealand.