PERSONALITY DISORDER, THE CRIMINAL JUSTICE SYSTEM, AND THE MENTAL HEALTH SYSTEM (FROM SERIOUS VIOLENT OFFENDERS: SENTENCING, PSYCHIATRY, AND LAW REFORM, 1991, P 1-10, SALLY- ANNE GERULL AND WILLIAM LUCAS, EDS. - SEE NCJ-147734)

• NCJ Number: 147735
• Author(s): D Neal
• Date Published: 1993
• Length: 10 pages
• Sale Source: Criminal Justice Press/Willow Tree Press
• Publication Type: Survey
• Language: English
• Country: Australia

Annotation

In August 1988, the Victorian (Australia) Law Reform Commission published a discussion paper entitled "Mental Malfunction and Criminal Responsibility," which included definitions of the insanity defense, an empirical study of the Governor's Pleasure system, and an examination of the rules about unfitness to stand trial.

Abstract

The Commission cited various opinions regarding what counts as insanity for the purposes of the insanity defense. In general, judicial approaches have focused on insanity as a "disease of the mind" but have drawn the boundaries very widely, leaving the issue of what sorts of conditions fall within or without the definition very vague. There are very few explicit references to personality disorder found in the decided case law on the insanity defense. While the courts have relied to some extent on psychiatric opinions about a particular defendant, they have been more concerned with building legal and moral conceptions about guilt which may be influenced by the medical opinions of psychiatrists, but not determined by those opinions. The Commission also dealt with the issue of personality disorder in connection to civil commitment, which has led to a great deal of controversy. In general, the criteria of lack of rationality and dangerousness form the basis for the mechanism of civil commitment, particularly in Victoria, following passage of the Community Protection Act. 7 references