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... reason of insanity) An area under reform - 1983 Mental Health Act being updated New concept: Dangerous Severe Anti-Social Personality Disorder What is mental disorder? Mental Health Act, 1983: 'mental illness, arrested or incomplete development of mind, psychopathic disorder and any other disorder or disability of mind.' Definitions are deliberately broad to afford wide protection before the law. Tension with popular opinion Mason and Mercer (1999): 'Bad men make good news' In reality, self harm is more likely than harm to community - disordered individuals cause just 6% or murders But popular presuppositions are powerful and do influence the criminal justice system. HOW MAD DO YOU HAVE TO BE TO GET ACQUITTED? Romans: no punishment for insane Medieval England: Bracton, mad lack will to harm, leniency. C18: hardening of opinions 1724: Edward Arnold shot Lord Onslow. 'Wild beast test' insanity must be total deprivation of understanding Late C18: impact of George III's illness. 1800: Hadfield case. Defended by Thomas Erskine. Ran defence of partial insanity, uncontrollable impulse. Criminal Lunatics Act, ...
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