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- Title
Sonder l'âme des criminels: expertise mentale et justice subjective au tournant des années 1860.
- Authors
GUIGNARD, Laurence
- Abstract
The development of psychiatry during the 19th century transforms the practice of the forensic expertise of insanity. Initially sought to apply the article 64 of the Penal code which deprives the criminal character of the acts committed by insane subjects, the experts find themselves to be in the center of major transformations of the judicial institution. The question of the penal responsibility becomes crucial during the first 19th century and even more when social defence appears as a concern after 1880. He punishments become more individual and give an important role to the psychology of the defendants. This confluence between mental expertise and criminal justice requires at the same time an intellectual history and a history of the judicial practices and the roles which the institution reserves to these experts. The attention reserved for the medical interviews and for the role of the experts in the production of biographies of the criminals allows to show that mental expertise changes is undergoing a change in the common practice of criminal courts in the bend of the 1860s.
- Subjects
INSANITY (Law); LEGAL status of violent criminals; HISTORY of psychiatry; FORENSIC medicine; HISTORY of criminal justice systems; HISTORY of criminal law; FOUCAULT, Michel, 1926-1984; CRIMINALS with mental illness; HISTORY
- Publication
Revue d'Histoire des Sciences Humaines, 2010, Issue 22, p99
- ISSN
1622-468X
- Publication type
Article
- DOI
10.3917/rhsh.022.0099