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- Title
Mental health criminal defenses in persons with neuropsychiatric disorders.
- Authors
Frierson, Richard L.; Joshi, Kaustubh G.
- Abstract
Persons with neuropsychiatric disorders present specific and unique challenges for forensic experts and defense attorneys in the criminal justice system. This article reviews two potential criminal defenses: legal insanity and the various legal standards or tests of criminal responsibility that are used in jurisdictions throughout the United States (i.e., the M'Naghten standard and the American Law Institute's Model Penal Code), and the partial legal defense of diminished capacity (lacking the mental state necessary to be found guilty of a specific intent crime). The process of evaluating criminal responsibility or diminished capacity is also presented with a specific emphasis on common issues that arise in evaluating defendants with Intellectual Developmental Disorder (Intellectual Disability), Parasomnias, Seizure Disorders, and Neurocognitive Disorders.
- Subjects
CRIMINAL defense; INSANITY defense; INSANITY (Law); NEUROBEHAVIORAL disorders; FORENSIC psychology; CRIMINAL justice system; MENTAL health laws; AMERICAN Law Institute
- Publication
Behavioral Sciences & the Law, 2024, Vol 42, Issue 1, p1
- ISSN
0735-3936
- Publication type
Article
- DOI
10.1002/bsl.2635