In the nineteenth century, the perceived ability of alienists (the early term for mental health specialists) to cure insanity eventually led to lavishly-constructed insane asylums supported by taxpayers. Simultaneously, the hope of a cure and a changing attitude toward insanity helped destigmatize mental illness and made institutionalization of the insane more acceptable. This regional study investigates insane asylums within Appalachia between 1850 and 1900. Primary sources include period articles from professional publications, census data, asylum records, period newspaper articles, and patient records. The study provides background on the medical environment of nineteenth-century Appalachia and investigates the creation and function of five Appalachian asylums. The institutions under examination appear to be as modern and enlightened as those in any other region. Contrary to most published theory, women were not committed to Appalachian asylums more often than men, nor does patient abuse appear to be prevalent.

This dissertation deals with the comparative analysis of mental illness as a defence in criminal law. The mental illness / insanity defence is deemed applicable when the accused does not have mens rea or lacks criminal responsibility or is afflicted by the inability to appreciate the wrongfulness of his act and act accordingly, at the time of the commission of the offence due to a pathological disturbance of the mental faculties. A review of the law in South Africa, English Law and United States of America law was done with regard to their approach in connection with the matter. The legal systems of South Africa, English Law and the United States of America were compared and analyzed because English Law and United States of America are developed countries and I decided to compare their approach to insanity defence with reference to South Africa, which is a developing country. Similarities were drawn between South Africa and English Law and this could be attributed to the fact that South African law emanated from English law. This is an important research topic on comparative analysis of mental illness as a defence in criminal law. The law applicable today in South Africa in respect of the defence of mental illness is combined in the provisions of the Criminal Procedure Act 51 of 1977, which replaced the criteria as set out in the M’Naghten rules and the irresistible impulse test. In all the three countries law that were compared the burden of proof has always been on the accused to prove his case on a balance of probabilities but in South Africa the position now is he who alleges must prove because of the legislative amendments. United States of America law allows for the forcible medication with drugs of the mentally ill defendants who are charged with crimes so that they can be fit to stand trial. This is the only country in the ones that were analyzed, which practices such a barbaric and inhuman acts. In the USA , the defendant has the burden of proving the defence of insanity by clear and convincing evidence, and the finding in not guilty by reason of insanity, English law, South African law has the same finding in insanity cases. The most common diagnosis used in support of a defence of insanity continues to be schizophrenia in South Africa and in English law system. In the English law system, the Home Secretary has the power to order defendant to be detained in a hospital on the basis of reports from at least two medical practitioners that the defendant is suffering from mental illness, if the minister is of the opinion that it is in the public interest to do so. In South Africa, the accused will be detained in a psychiatric hospital or a prison pending the decision of a judge in chambers. The detention of those found not guilty by reason of insanity could be challenged under the Human Rights Act in English law because the legal definition of insanity is far wider than the medical concept of mental disorder. The Drs under English Law have to use the legal, not the medical understanding of the mental disorder. The placing of a burden of proof on the defendant may be challengeable under European Convention of Human Rights as contrary to the presumption of innocence that is protected under convention. Finally this is a controversial subject on mental illness but the position in South Africa has been clear for a long time, and I did not come across any deficiencies in our law. I submit that South African law position on mental illness is good.

Insanity: Comparison of Czech and American legal concept Abstract The aim of this thesis is to capture the essence of the institute of insanity from the substantive point of view according to the Czech and American legislation and to deduce any differences from them. First, the continental legal system on which the Czech legal order is based is compared with the Anglo-American legal system from which the American legislation is derived. Subsequently, the basic pillars of the Czech legal order including the position of criminal law are defined. Attention is also paid to the political system of the United States, because, as a result of federalism, there are two levels of law that have a significant impact on national legislations. Hereupon, the structure of criminal liability according to Czech law is analyzed. Since the prerequisite of criminal liability is the commission of a criminal offense, this is also defined. For the purposes of comparison, circumstances excluding punishability as well as circumstances excluding liability are outlined. Due to the fact that US law is based on common law, criminal liability is defined both from the perspective of common law and the Model Penal Code, which are of the basic sources of US criminal law. Next part of the thesis is focused on the institute of insanity in the...

This dissertation study focused upon four stages in the forensic evaluation process, including its impact upon judicial decisions. A group of defendants referred for a pretrial forensic evaluation between October, 1974 and October, 1976 was compared with defendants not referred for evaluation. The results indicated that (1) the defendants referred for forensic evaluation were very similar to those defendants not referred for pretrial examination except that the diverted population was more frequently in custody, remained in custody for a longer time, and remained in the criminal justice system awaiting disposition for a longer time. (2) Factors associated with a recommendation of incompetency and/or insanity included the diagnosis, a poor prognosis, a previous competency evaluation, and past history of hospitalization. (3) Generally forensic competency recommendations were followed by the courts; however, judges were more willing to overrule experts' recommendations of incompetence than competence. When experts agreed the defendent was sane at the pretrial the court followed the recommendation; 1 defendant out of 95 was found insane. When the experts' agreed the defendant was insane at the pretrial evaluation, the defendant was found insane at time of adjudication only 13.5%, though in over 40% of the cases the charges against the defendant were dismissed; still, in nearly half the cases the defendant was found guilty of the crime. (4) The defendants referred and considered competent by the experts were later found guilty and sentenced to prison time more often than defendants who either were not evaluated or considered incompetent by the experts. These diverted but competent defendants received credit less often for time served while in custody than the nonevaluated defendants. Defendants who were considered incompetent by the experts were later less often found guilty, and seldomly sentenced to prison. For these defendants there was a greater likelihood that the criminal charges would be dismissed. However, these defendants were subsequently committed to a mental hospital, and therefore did not "beat their raps." Finally, the greatest likelihood for a not guilty by reason of insanity verdict occurred when previously the experts disagreed as to the competence of the defendant to stand trial.

Past literature has indicated that jury instructions are not written in ways that result in optimal juror comprehension, and can be improved through various ways of simplification. Prototypes of the insanity defense have also been found to influence juror decision-making. Additionally, individual factors such as attitudes toward and myth endorsement of the insanity defense can influence verdict. The following study explored these effects of jury instruction format, insanity defense consistency, and participant factors on jury understanding and decision-making. Three hundred and eighty jury eligible community members were recruited online for this study. Participants were first asked questions pertaining to attitudes and myths about the insanity defense. Afterwards, each participant read one of two vignettes (an insanity defense consistent case and an insanity defense inconsistent case), and then read one of three jury instructions (traditional, simplified, or flow-chart versions). The participants then reached individual verdicts and answered factual questions about the insanity defense and their perceptions on the defendant. Results indicated that simplified instructions increased participant knowledge over the traditional and flow-chart instructions, but did not influence verdict selection overall. Consistency, myth endorsement, attitudes, and perceptions of the defendant were also all found to contribute to the verdict. These results contribute to the current research on comprehension of jury instructions, especially in the context of an insanity defense case, and may provide additional information for attorneys to consider during the voir dire process.

Ce mémoire aborde la question de la folie dans l’œuvre d’Hubert Aquin, en particulier dans deux romans : Trou de mémoire et L’Antiphonaire. Deux types de désordre de la personnalité font l’objet de l’étude : le délire psychotique dans le cas de Trou de mémoire, et l’épilepsie pour ce qui est de L’Antiphonaire. La question de la maladie mentale ou neurologique est envisagée tant du point de vue thématique que du point de vue structurel. Bien que l’aspect thématique occupe la majeure partie du mémoire, l’analyse de la structure du récit y tient une place importante, l’une des hypothèses de départ étant que le désordre mental affecte la composition narrative des deux romans d’Aquin. Plusieurs sources non littéraires sont utilisées pour apporter des éléments d’analyse susceptibles de confirmer les hypothèses proposées. En plus de faire appel à des sources médicales et à des textes relevant de la psychologie, cette recherche trace un historique de l’épilepsie, en faisant ressortir les différences entre la conception qu’on en avait à l’époque de la Renaissance et celle qui prévaut aujourd’hui. Tout en empruntant à des domaines divers du savoir, cette étude s’intéresse à une question peu traitée par la critique ayant abordé le thème de la folie chez Aquin : celle de ses répercussions sur la structure du récit. / This paper treats the question of insanity in Hubert Aquin’s novels. It studies two novels specifically: Trou de mémoire and L’Antiphonaire. Subsequently, the object of this study is that of two distinct mental illnesses: psychotic delirium (which is displayed in Trou de mémoire) and epilepsy (which is displayed in L’Antiphonaire). The subject of mental or neurological disease is approached both from a thematic and structural point of view. Even if the majority of this paper is dedicated to covering the thematic aspect of the question, the analysis of the novels structure is fundamental since one of the primary hypotheses is that the effect of mental illness reflects upon the narrative structure of both Aquin’s novels. The hypotheses proposed at the beginning are confirmed by numerous elements extracted from a number of non literary sources. As well as calling upon medical information and texts more closely linked to psychology, this research delves into the history of epilepsy, contrasting the common beliefs shared during the renaissance and those more prevalent today. Although this study borrows from numerous scientific fields, it is also interested in one aspect only lightly reviewed by those who study the theme of insanity in Aquin’s works : its impact on the narrative structure of the novels.

- PROTECTIVE THERAPY AND PREVENTIVE DETENTION This paper is concerning two types of protective measures in Czech criminal law - protective therapy and preventive detention. The goal was to introduce and then deeply analyze these two legal institutes. I particularly focused on preventive detention as it was only recently put in force in the Czech republic. In the introductory chapter, I briefly described the nature of protective measures as a whole. I also outlined some major differences between protective measures and penalties, gave some insight into the history of protective measures in Czech lands and explained a few important terms, e.g. insanity or drug addiction, which are widely used in this area of law. The following chapter deals with protective therapy and its key features, namely its imposing, execution and duration. The next one summarizes basic elements of preventive detention, which are in many ways similar to those in the previous chapter. I tried to point out the grounds on which preventive detention was embraced by Czech law and also to analyze the differences between both these protective measures. In this thesis I included some major court decisions with paramount importance and I also have done a short comparison of statutes governing preventive detention in a few foreign...

The primary aim of this work is to summarize and evaluate the current legislation for institutions providing compulsory treatment and preventive detention, and if possible to also provide a comprehensive overview of the development of these institutions, ordering and discharging them, with respect to the relevant decisions of the court. This work consists of six chapters, with each one dealing with individual aspects of these institutions, and the introductory chapter mainly explains the circumstances behind the choice of this theme and their impact on the assignment and goal of this work. Another chapter is devoted to the historical development of compulsory treatment and preventive detention. It is demonstrated here how these institutions developed in Europe, as well as the development of protective measures before the establishment of independent Czechoslovakia, namely until the adoption of the Safe Detention Act and embedding compulsory treatment and preventive detention in the new Criminal Code. The third chapter is devoted to protective measures as a whole. It describes what is actually meant by protective measures, which parts of these institutions belong to this category, and in particular it shows major differences between punishment and protective measures. Special attention is also given...

The Question of Self-induced Insanity The aim of this thesis is to cover the question of self-induced insanity in its complexity. The thesis is divided into eleven chapters, in which this part of criminal law is analysed. The topic of criminal liability of insane offenders (even those insane due to their own conduct) represents an interesting part of criminal law. One of the main reasons is the fact that the solution to the problem of criminal liability of insane offenders can lead to the breach of one of the main principles of criminal law - the principle of culpability - on one hand, or to the failure of one of the main functions of the criminal law - the protection of society and its interest and values against the most dangerous conduct prohibited by the law - on the other. The text is concerned mainly with the current legal arrangement of self-induced insanity in the Czech Republic. The legal arrangement in effect adopted the theoretical concept of a special criminal offense and a full criminal liability for the actio libera in causa construction. These provisions deal with situations, where the offender through the voluntary application of addictive substances caused his own insanity and in this state committed an act which would constitute a crime were it not for the absence of the...

No final do século XIX, a emergência do conceito de periculosidade forjou uma série de ações de controle social que ainda hoje encontram espaço fecundo de legitimação. Os desdobramentos dessa noção, que se articulou da fusão do Direito Penal com a Psiquiatria, encontram no manicômio judiciário o seu exemplo mais sólido. No Brasil, a emergência do Manicômio Judiciário do Estado de São Paulo (MJES) no início da década de 1930 consolidou um ideal há muito defendido pela Criminologia Positivista. No entanto, a despeito do intenso fluxo de internações ocorridas ao longo dos anos e da imprescindibilidade que desempenhou e ainda desempenha no circuito repressivo do Estado atualmente, sua história segue opaca, inaudita e, por vezes, tão fundida à história do Hospital do Juqueri a ponto de ter o seu próprio registro tangenciado. A intenção deste trabalho consistiu em recuperar o arquivamento que se produziu sobre a loucura criminosa e analisar os discursos e as práticas empregadas pelo saber médico e jurídico para justificar a reclusão no MJES entre os anos de 1927 a 1940. Considerando que se trata de um espaço de natureza médico-jurídica que há anos sustenta a função de controle social alicerçado na justificativa de proteção contra a periculosidade, o problema de pesquisa delimitado para este trabalho se organizou em torno de algumas questões fundamentais, a saber: (1) problematizar as condições de emergência do MJES; (2) mostrar como os discursos sobre a loucura criminosa foram organizados e distribuídos no arquivo médico-legal; (3) identificar e caracterizar o sujeito da periculosidade para o qual se designou a internação manicomial durante o período referido acima; (4) analisar sob quais circunstâncias infracionais ou não a periculosidade foi utilizada como justificativa para a interdição médico-legal; (5) analisar os pressupostos técnicoscientíficos que sustentam a realização do exame médico-legal ou da chamada avaliação de cessação de periculosidade nos prontuários médicos. A escolha por documentos que registraram estas vidas infames sob a insígnia da loucura, do crime e da marginalidade abrem a possibilidade de problematizar as verdades estabelecidas pelos saberes que os redigiram. Desse modo, o mesmo registro que um dia serviu para cumprir sua finalidade disciplinar foi aqui recuperado para produzir perguntas e subverter a própria razão que uma vez justificou a sua existência / At the end of the 19th century, the rise of the dangerousness concept forged a series of actions aimed at social control legitimized by many to this day. The unfolding of this notion, articulated by the merger of Criminal Law with Psychiatry, found its best example in the legal asylum. In Brazil, the foundation of the Legal Asylum of the State of São Paulo (MJES) in the early 1930s consolidated an ideal long advocated by Positivist Criminology. Yet, despite the intense number of hospitalizations over the years and the essential role the institution has played (and still plays) in a repressive system, its history remains opaque, unprecedented, and so fused with the history of Juqueri Hospital that their records converge. The intent of this work was to recover the files about the ones considered criminals and insane and analyze the speeches and practices used by the medical and law communities to justify the reclusion of individuals in the MJES between 1927 and 1940. Considering that for years the psychiatric hospital has been a legal and medical space of social control, sustained by the assumption that it protects society against dangerousness, some fundamental issues organized this research: (1) to discuss the MJES conditions; (2) to show how the medical and legal files organized discourses about criminal insanity; (3) to identify and characterize the \"subject of dangerousness\", that is the types of people sent to the asylum during the period referred above; (4) to analyze under what circumstances dangerousness justified the medical and legal prohibition; (5) to analyze the technical-scientific assumptions that supported the forensic medical examination or the so-called \"medical termination assessment\" in the records. The decision to use documents that reported these infamous lives under the guise of madness, crime and marginality make it possible to discuss some established truths of the scientific community. Thus, the same files that once served to fulfil a disciplinary purpose here raise questions and subvert the very reason that once justified its existence