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Reshaping Insanity in Pakistani Law: The Case of Safia Bano.
Am J Law Med
July 2023
American Research Center, Cairo, Egypt.
This Article analyzes the 2021 judgment of the Supreme Court of Pakistan in the case of Mst. Safia Bano v. Home Department, Government of Punjab.
View Article and Find Full Text PDFGuilty or not guilty by reason of insanity? a comparative study of murderers referred for psychiatric examination by court order.
Health Justice
September 2023
Department of Criminology, Max Stern Yezreel Valley College, Jezreel Valley, Israel.
Background: Some murders are committed under the influence of a psychotic state resulting from a mental disorder, mainly schizophrenia. According to the law in many countries, people with mental disorders do not have criminal responsibility. They are defined as not guilty due to insanity (insanity defense) and therefore cannot be punished.
View Article and Find Full Text PDFThe United Nations convention on the rights of persons with disabilities, neuroscience, and criminal legal capacity.
J Law Biosci
May 2023
Harvard Law School, Cambridge, MA, USA.
The United Nations Convention on the Rights of Persons with Disabilities requires states parties to 'recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.' This mandate has sparked debate about the interpretation of legal capacity, including within the criminal context as applied to the retrogressively named 'insanity defense.' Yet, under-examined are two questions: First, what defenses should defendants with psychosocial disabilities be able to invoke during criminal prosecutions? Second, what kind of evidence is consistent with, on the one hand, determining a defendant's decision-making capacity to establish culpability and, on the other hand, the right to equal recognition before the law? Developments in neuroscience offer a unique prism to grapple with these issues.
View Article and Find Full Text PDFIn 1954, the Canadian government established the Royal Commission on the Law of Insanity as a Defence in Criminal Cases. While its final report had little impact at the time, the creation of the commission points to the emergence of insanity as a newly complex problem within the context of postwar Canada. Spurred on by the growing psychiatric profession and the destabilization of capital punishment as a viable sentence, the commission quickly realized that the building blocks of its solution - legal and psychiatric expertise - were largely incompatible.
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