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(p.275) Index
(p.275) Index
abnormality
automatism and
27
criminal responsibility and
244
gendered idea of
57
infancy as
30
infanticide as
208
insanity as
26–7
intoxication and
199
label of
25
moralized idea of
116
unfitness to plead and
29
affective conditions, see psychiatric conditions
Alderson, Baron
77
Alness, Lord
231
Auld Report
98–9
automatism, doctrine of
abnormality and
27
burden of proof
163
dangerousness and
133
development of discrete doctrine
122–5
empirical profile of
168
evidence and procedure governing
159–70
external cause
128–31
general verdict
165–7
informal claims
108–9
intoxication, caused by
131
label of
124
moral-evaluative aspect
132–3
presumption of mental capacity
160–1
‘prior fault’
131–3
prototypical cases
108
raising
162–3
reform of
167
requirements of
125–33
self-control
54
total destruction of voluntary control
126–8
Bentley, Michael
44
Butler Committee
83–4, 87 n.107, 95 n.145, 117 n.71, 125, 130, 133 n.157, 156 n.104, 158 n.113, 167 n.153, 200, 219 n.95, 235 n.44, 241 n.74, 245–6
children
adultification of youth justice
91–2
anti-social behaviour orders
92
‘bastard’ child/children
203–8
birth and postnatal issues: breastfeeding/lactation
29, 57, 62, 217, 219–20, 223
matrons, juries of
138
medical practitioners of
211
motherhood
203
registration of birth
70
reproductive health
214
specialist knowledge about
211–12
childhood:
constructions of
91
expert knowledge of
91
incapacity and
80–1
sentimentalization of
80
social attitudes and beliefs about
94
(p.276)
court system for juveniles
79
dangerousness of young offenders
91
European Court of Human Rights and
101
illegitimate
203–8
imprisonment of
78
offending by
93–4
politicization of child offending
91
poverty and children’s crimes
78–9
punishment of
78–9
punitive approaches to
91
reformatories
80
sentencing for
89
rehabilitation of young offenders
88
‘right and wrong’, knowledge of
78
Coleridge, Justice
182
Colvin, Eric
23
criminal responsibility
33, 50–1, 108, 125
abstract structure of
7
age of, see children
capacity-based
45
character-based
51
ordinary principle of
34
outcome-based
45
structures of
204
Dawson of Penn, Lord
217
Dear, Peter
139
Deas, Lord
229–30
diminished responsibility
actus reus of
245
aetiology, tripartite
239–40
boundaries of
251
Byrne decision, effect of
236–7
causation
244
character, considerations of
230
conceptual basis of
228
criminal fault and
230–1
critique of
253–4
culpable homicide
228–9
current doctrine of
235–45
explanation of D’s act
242–5
nature of the conduct, understanding the
240–2
rational judgment
240–2
recognised medical
substantially impaired ability
240–2
expert knowledge
245–53
gender bias and
251–2
infanticide and
220–1
lay evaluation of
247–50
Lord Deas, view of
229–30
‘optional defence’ status
245–6
professional actors
245–53
raising
245–6
self-control and
256–8
sentencing practices
228–30
statutory provision
54
successful use of
252
disability
basis for insanity, rise of
122–5
learning
101
medicalized notions of
43, 125, 134 see also automatism; insanity; medical conditions; psychiatric conditions; incapacity
doli incapax, see infancy
Dubber, Markus Dirk
10
Ellenborough, Lord
209
Erle, Justice
78
Fingarette, Herbert
254
Fitzjames Stephens, James
12
formalization
account
40–4 see also infancy; insanity; intoxication; mental incapacity in criminal law; unfitness to plead
Fuller, Steve
198
gender
crime and
202–25
diminished responsibility and
251–2
‘lewd’ women
203–8
‘madness’ and
202–25
meanings associated with
215–16
Goddard CJ, Lord
121
Grubin, Don
86
Heald Committee
233
Hoffman, Lord
257
Holroyd, Justice
182
Hörnle, Tatjana
35
infancy
as abnormality
30
dangerousness and disposal
78–81
dynamic of exclusion, rise of
92–4,
due process and
29
fairness and special treatment
88–92
mercy, role of in criminal process
69–72
mixed approaches to
92
political and social overtones
68
special procedures for
91
substantive criminal law:
connection to
72–5
actus reus significance of
218–19
admission of act of
222
aetiological basis of
217
birth and postnatal issues: breastfeeding/lactation
29, 57, 62, 217, 219–20, 223
matrons, juries of
138
medical practitioners of
211
motherhood
203
registration of birth
70
reproductive health
214
specialist knowledge about
211–12
concealment offence of
209–10
criminal responsibility and
214–16
current law of
216–21
gendered construction of
224
homicide, as distinct category of
223
humanitarian approach
207
incapacity and
209–13
inculpation via
29–33
intoxication, comparison with
183
lay knowledge of
222
legal actors’ knowledge of
221–5
legal meaning of, shift in
208
‘lewd’ women and
203–8
‘manifest criminality’ as
209
medicalization of
212
mens rea of
218–19
moralization and
213–14
murder, separation from
221
poor law, effect of the
203–4
‘preparation’ plea
205
procedural rules of
223–4
proscribing act of
203–8
psychiatry and
221
physiology, product of
35
puerperal insanity/psychosis
210–11
reform of
223–4
sentencing practices, sympathetic
224–5
socio-economic problems and
206–7
‘temporary insanity’
219–20
‘want of help’ plea
205
insanity
acquittal on the basis of
104–5
asylum movement, the
153–4
consequentialist dimension of
135
criminal responsibility and
125
disposal
167–70
empirical profile of
168
evidence and procedure governing
159–70
as exculpatory doctrine
26–27
feigned
164
flexible application of law
169
infanticide and
208
intellectual disability and
105
irresistible impulse
123
lay knowledge of
150–5
physical disorders and
118
puerperal insanity
210
reform of
133–5
special verdict
165–7
symbolic role of the law
116
temporary
219–20
uncontrollable impulse
123
intoxication, law of
alcohol:
social tolerance for
182
criminal intoxication:
offence of
200–1
dangerous intoxication:
offence of
200–1
DPP v Majewski
186–91
expert knowledge, development of
178–81
inebriates’ legislation
180
infanticide, comparison with
183
informal intoxication plea, emergence of
174–8
local knowledge of
177–8
meanings related to
173–4
medical and psychiatric knowledge of
179–80
OBPs trial records and
184
offence-by-offence approach
190–1
reform of
200
social profile of, changing
175
temperance movement, the
179
Jackson, Mark 206–7
Jones, Carole
148
Juries
knowledge, of ‘madness’
changing knowledge context
113
different types of
46–7
epistemology
57
folk
47
general
59
of legal actors
221–5
prudential
150–5
Law Commission for England and Wales
97–8, 100, 185 n.72, 188–91, 200–1, 223–4, 235, 239, 242, 249, 251
programme of reform
170
Lawton, Lord Justice
133
lay knowledge, see knowledge
liability
objective and subjective
190
ordinary principle of
34
participatory
96
‘patterns of liability’
51–3
Mackay, R. D.
8 n.12, 100–1, 120, 124 n.109, 163 n.135, 165 n.147, 167–9, 220 n.99, 239, 241 n.71, 243 n.80
‘manifest madness’, ‘madness’
‘absolute’ character of
74
common knowledge of
140
conduct, significance of
49–57
infanticide and
202–25
medicalized character of
146
naturalization of ‘madness’
137–43
ontology of ‘madness’
49–57
reconstruction of
159–60
religio-astrologic conceptions
137
religious view of
137–8
scientific-organic perspectives
137
social and cultural attitudes to
138
social meanings of
107
testimony by ‘ordinary’ people
140
terrain, topography of
39–40, 49, 57 see also knowledge, of ‘madness’; insanity; mental incapacity in criminal law
M’Naghten Rules
26 n.31, 113–21
creation of
113–14
‘defect of reason’
117
insanity before M’Naghten
104–9
irresistible impulse
114
‘nature and quality’ of the act
120–1
presumption of sanity
160–1
reform of
124–5
reverse burden of proof
164–5
three limbs of
116–21
medical conditions
mental health, see psychiatric conditions
mental incapacity in criminal law
change and continuity over time
40–4
criminal non-responsibility and
33
defences
17–20
difference, label of
34–8
disaggregation, early modern era
69
as disciplinary hybrid
5
exculpation, as basis for
9
formalization account
40–4
lay knowledge of
86–7
reasons for examining
3–6
(p.281)
reconstructing terrain of
17–25
social dimension of
60
social and political interest in
4
symbolic significance of
4
time and space
50–1
umbrella term of
6
violence and
119 see also automatism; criminal law; insanity; manifest madness; mental health conditions
Moore, Michael
243–4
Morris, Norval
127
Parkin, Henry
57
psychiatric conditions
anxiety
130
delirium
115
‘lesion of the will’
144
‘lunacy’
144
mania
115
mental ‘absence’
115
‘monomania’
144
‘moral insanity’
144
post-traumatic stress disorder
133
puerperal insanity/psychosis
210
reason, effect on
119
‘unconsciousness’
115
psychiatry
infanticide and
221
lexicon of
134
‘mad’ doctors
145
moralized discourse of deviance
55–6
psychology
moralized discourse of deviance
55–6
Reading CJ, Lord
120
responsibility, see criminal responsibility
Royal Commission on Capital Punishment
5, 85, 111 n.41, 125, 215 n.76, 232–3 see also capital punishment
Scotland, see diminished responsibility
Shapiro, Barbara
139
Simon, Lord
187–8
socio-historical approach
9–11
Sparks, Richard
254
State Trial reports
11
Sullivan, G. R.
244
Tadros, Victor
50
Tenth Programme of Law Reform
134
Tindal, Chief Justice
113
trial, criminal
‘accused speaks’/‘lawyer free’
71–2
exculpatory
71–2
by inquiry
138
‘lawyerization’
41–2
medieval era, process
70–1
‘trial of the facts’, see unfitness to plead
unfitness to plead
burden of proof
82
communication, issues of
77
comprehension, issues of
77
Consultation Paper (Law Commission)
97–102
criteria for a finding of
99–102
current era, in the
94–102
dangerousness and disposal
75–81
due process and
29
dynamic of exclusion, rise of
92–102
expert medical evidence
85–6
fairness and special treatment
81–8
inability to participate in a trial
70
inability to plead
70
lay knowledge of
86–7
omnibus notion of
76
plea, significance in medieval process
69–72
raising unfitness, rule about
61–2
‘readability’ of unfitness
62
reform of
100–1
special measures, use at trial
101–2
substantive criminal law, connection to
72–5
symbolic significance
102
Wasik, Martin
254–5
Woolf, Lord
164
