NCJ Number
19667
Date Published
1973
Length
141 pages
Annotation
A DISCUSSION OF THE CONCEPT OF MENTAL HEALTH AS IT APPLIES TO THE COMMISSION OF CRIMINAL ACTS AND AS IT IS USED AS A DEFENSE FOR CRIMINAL BEHAVIOR.
Abstract
PART I IS INTENDED BOTH TO PROVIDE HISTORICAL PERSPECTIVE AND TO DISPLAY THE MAIN LOGICAL LINKS BETWEEN THE VARIOUS KEY NOTIONS. PART II DEVELOPS THE CONTENTION THAT THE NOTION OF MENTAL DISEASE SHOULD BE APPROACHED BY WAY OF THAT OF PHYSICAL DISEASE - WHAT WOULD ONCE HAVE BEEN CALLED DISEASE, WITHOUT PREFIX OR SUFFIX. ALTHOUGH EVERONE TAKES IT FOR GRANTED WHEN EXCULPATION IS IN QUESTION THAT THE ASSERTION THAT THIS IS A CASE OF MENTAL DISEASE MUST LICENSE MOST OF THE INFERENCES WHICH WOULD BE AUTHORISED BY A CORRESPONDING CLAIM ABOUT PHYSICAL DISEASE, THIS CRUCIAL AND STRAIGHTFORWARD ASSUMPTION SEEMS TO BE ALMOST UNIVERSALLY OVERLOOKED WHEN THE TIME COMES TO ASK WHAT IS, OR OUGHT TO BE, MEANT BY 'MENTAL DISEASE' AND 'MENTAL HEALTH'. PART III CONFRONTS DIRECTLY THOSE GENERAL DETERMINISTIC ASSUMPTIONS WHICH MISLEAD SO MANY INTO BELIEVING - OR INTO BELIEVING THAT THEY OUGHT TO BELIEVE - SOME ALL-EMBRACING CONCLUSION ABOUT ALL DELINQUENCIES BEING EXPRESSIONS OF PSYCHOLOGICAL DISORDER; AND HENCE, BECAUSE EVERYONE IN THIS CONTEXT EMPLOYS THE WORD 'DISORDER' TO MEAN SOMETHING OF WHICH THE SUBJECT IS VICTIM, AS MORE OR LESS VENIAL - IF NOT ACTUALLY AND STRICTLY UNCONTROLLABLE. (AUTHOR ABSTRACT)