Criminal Responsibility of Mentally Ill

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Criminal Responsibility of Mentally Ill

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CRIMINAL RESPONSIBILITY OF MENTALLY ILL :

CRIMINAL RESPONSIBILITY OF MENTALLY ILL Dr. Jinesh P. S. 19/07/2013

Contents :

Contents History McNaughten Rules Scenario in England & U S A after McNaughten Rules Indian Law Take Home Message

History – in Ancient India :

History – in Ancient India 3100 BC – code of manu – “DHARMASASTRA “ – contain medicolegal principles – 1 st legal code of India The drunk, insane, hungry and thirsty, the fatgued & with defective sense organs were not permitted to be witnesses in court Statements of children, old men, diseased persons & weak minded persons were not to be relied Jason Payne-James, Roger W. Byard , Tracey S. Corey, Carol Henderson: Encyclopedia of Forensic & Legal Medicine. Vol2. 2005

History – among Ancient Jews:

History – among Ancient Jews The imbeciles, infants, deaf-mutes not considered blame worthy for their crimes as they lacked the guilty intent Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

History – in Ancient Greece :

History – in Ancient Greece Plato (428/427 BC – 348/347) in his “Laws” A man might conceivably commit an act of one of these kinds from insanity, or when so disordered by disease, so extremely aged, or of such tender years, as to be virtually insane. Such an offender could be exculpated, although he often had to make restitution for the damage caused by his act Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

History – Ancient Rome :

History – Ancient Rome AD 483 – 565 Emperor Justinian – practice of medicine & prescribed penalties “Corpus Iuris Civilis ” – compiled under emperor Justinian – insane person is Non Compos Mentis (not have control on his mind) & Non Culpa and was not accountable in justice Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

History – in England 1265 AD:

History – in England 1265 AD Henry de Bracton (Chief Justice of England) in his “On the Laws and Customs of England” A crime is not committed unless the will to harm is present, and such an intent is lacking in young children & mad men Wild beast test – insane person is one who behaves like a wild beast Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

History – in Venice 1349 AD :

History – in Venice 1349 AD Giovanni exculpated for double murder on grounds of insanity using “Justinian Corpus” Sent back to his family Family paid cost of his custody Established criminal responsibility & clarified responsibility of family members Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

History – in Germany 1532 AD:

History – in Germany 1532 AD Emperor Charles 5 th declared “ Constitutio Criminalis Carolina” There were several types of homicide which were not punishable under certain conditions, one of which was an offender who was ‘deprived of his understanding’ Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

England - In 1553 AD :

England - In 1553 AD Fitz Herbert formulated simple test ….. Allowed for exculpation of one who could not “account or number 29 pence, nor tell who was his father or mother, nor how old he was” Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

England 17th Century :

England 17 th Century Sir Mathew Hale in his “History of the Pleas of the Crown” ‘Defendant laboring under melancholy distempers’ should ordinarily have an understanding equal to that possessed by a 14 year old child to be held criminally liable Mere presence of insanity was not sufficient to remove criminal responsibility Insanity could be partial or limited Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

17th century :

17 th century Paulus Zacchias - Personal physician of Pope Innocentius X (1584-1659) - Father of Legal Medicine - Father of Forensic Psychiatry In his “Questions Medico- legales ” Physicians should have exclusive competence in field of pathological mental states, amentias Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

Classification by Paulus Zacchias :

Classification by Paulus Zacchias Amnetias (mental disoreders) Fatuitas (mental retardation) Ignorantes (incapable of inheriting land or acting as guardian, but were capable of marriage – criminally responsible) Fatui (incapable of marriage or of making wills - Criminally not accountable) Stolidi (incapable of civil obligations – Cr not accountable) Insania (disorders with lucid intervals) – judge’s discretion Phrenitis (delirium without fever & without lucid intervals) Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

18th century :

18 th century Immanuel Kent (1724 –1804) – an eminent German philosopher Court should take the opinion of a psychologist from the ‘faculty of philosophy’ instead of a physician in deciding the level of understanding, judgment & insanity Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

Hadfield Case (Eng):

Hadfield Case (Eng) 1800 – James Hadfield (Eng) fired at King George 3 rd . He had insanity due to severe brain damage, shot at king to guarantee his own death Judicial proceedings – Wild beast test, right & wrong test Medical witness opinion – insane Fate – not guilty, being under the influence of insanity, sent to Bethlem Hospital Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

McNaughten Case :

McNaughten Case 1843 – Daniel McNaughten (29 year Scotman )– probably paranoid schizophrenia Delusion for many years that Spies sent by Catholic church with the help of Tories were against him & wanted to kill him Decided to kill PM Sir Robert Peel Shot PM’s private secretary, Edward Drummond on 20/01/1843 Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

PowerPoint Presentation:

Cross examination done Medical witness – 9 for defense & 1 for prosecution – insane Not guilty on grounds of insanity, send to Bethlem Hospital & then to Broadmoor Hospital to life Widespread public & royal outcry → Queen Victoria’s intervention Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

PowerPoint Presentation:

Lord Chancellor, Lord Lyndhurst put to a panel of 14 judges, 5 hypothetical questions designed to clarify legal position 1843 June 19 – Answers came to be known as McNaughten Rules Also known as legal test Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

McNaughten Rules:

McNaughten Rules To establish a defense on the ground of insanity, it must be clearly proved that at the time of committing the act, the party accused was laboring under such a defect to reason, from disease of the mind, as not to know the nature & quality of the act he was doing or, if he did know it, that he did not know he was doing what was wrong or contrary to the law of the land Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

Disease of the Mind :

Disease of the Mind When using insanity defence, establish that a defect of reason resulted from the ‘disease of the mind’ Disease of the mind is a legal, not a psychiatric concept Any disease capable of producing mental dysfunction Mind (law) means reason, memory & understanding When mental dysfunction attributable to external factors ( eg . Alcohol & drugs consumed voluntarily), not called as the disease of the mind Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

Elements of Crime :

Elements of Crime The actus reus – guilty act The mens rea – the intent Both elements must be present before the accused can be said to have committed certain crimes, importantly murder Intent is not important in some crimes, like manslaughter (culpable homicide) Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

The Intent :

The Intent Murder – unlawful killing of another with malice afterthought Malice afterthought – there is either an intention to kill or to inflict grievous bodily harm All unlawful killings, which are not murder Culpable homicide ( Ind ) = Manslaughter (Eng law) Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

The Intent :

The Intent Culpable homicide can be Involuntary – no malice afterthought Voluntary – may have had malice afterthought, but some circumstances reduces the offence Diminished responsibility – Irresistible impulse test, Automatism, Infanticide Provocation Suicide pact The punishment for manslaughter is less than that for murder & no capital punishment Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

Diminished Responsibility:

Diminished Responsibility First recorded case of diminished/partial responsibility – Alexander Dingwall of Scotland in 1867 Cross examination – murder with extenuating circumstances Used widely in Scotland courts 1957 homicide act – incorporated in English law Not in Indian law Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

D R – Homicide Act 1957 England :

D R – Homicide Act 1957 England When a person kills or is a party to the killing of another, he shall not be convicted of murder, if he was suffering from such an abnormality of mind as substantially impaired his mental responsibility for his acts and omissions in doing or being a party to the killing Burden of proof – on the defence on a ‘balance of probabilities’ & not on ‘beyond reasonable doubt’ as in other criminal cases Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

PowerPoint Presentation:

Applicable in ‘mental unsoundness’ / ‘partial insanity’ McNaughten rule – in complete insanity Irresistible impulse test Automatism Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

Irresistible Impulse Test:

Irresistible Impulse Test A K A – New Hampshire Doctrine Devised by Isaac Ray (Father of American Forensic Psychiatry) & Judge Charles Doe 1869 in New Hampshire, USA Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

PowerPoint Presentation:

To deal with cases characterized by an incapacity to control behaviour in the absence of defect of reason Irresistible impulse – Criticized for several reasons The police man at the elbow test – “would the person have yielded to that impulse had there been a police man at his elbow” Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

Automatism:

Automatism Automatic behavior – apparently purpose full and complex behavior which occurs without conscious control, & for which there is amnesia later Epilepsy, somnambulism, concussion, intoxication, hypoglycemia English law – non insane automatism leads to acquittal American & Indian law – no provision Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

English Infanticide Act – 1938:

English Infanticide Act – 1938 Where a woman by any willful act or omission causes the death of her child under the age of 12 months, but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, then she shall be guilty of infanticide Amount for manslaughter, not to murder – diminished responsibility Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

Butler Report:

Butler Report 1975 – in England – committee on mentally abnormal offenders chaired by Lord Butler Term insanity to be replaced with ‘mental disorder’ Insanity defense should be renamed ‘not guilty with evidence of mental illness / disorder’ Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

PowerPoint Presentation:

McNaughten rule to be eliminated & replaced by two-pronged test for mens rea “Did he know what he was doing was wrong” Presence of severe mental illness or severe mental sub normality Burden of proof for the requisite of the mental state for 3 (1) should rest with the prosecution Concept of diminished responsibility should be eliminated No mandatory institutionalization but court discretion to take appropriate action Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

PowerPoint Presentation:

Butler Committee recommended criteria of evidence of severe mental disorder Have not been adopted by the English law yet Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

Criminal Law Revision Committee:

Criminal Law Revision Committee 14 th report in 1980 found a way into “Codification of the Criminal Law” 1985 This section applies where the person who kills another is suffering from a form of metal abnormality which is a substantial enough reason to reduce this offence to manslaughter Mental abnormality here means mental illness, arrested or incomplete development of mind, psychopathic disorder, and any other disorder or disability of mind, except intoxication Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

U S A - Durham Rule :

U S A - Durham Rule 1954 – Judge David Bazelon formulated the “product rule or test” in Monte Durham case, USA An accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect Mental disease = Mental disorder Mental defect = Mental retardation Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

PowerPoint Presentation:

Lot of confusion → rule was discarded 18 years later in Brawner case by 9 members of the court, including Judge Bazelon Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

Curren’s Rule – 1961 :

Curren’s Rule – 1961 An accused is not criminally responsible if at the time of committing the act he did not have the capacity to regulate his conduct to the requirements of law as a result of mental disease or defect Confusion – mental disease and mental defect https://www.facebook.com/forensicdiscussion/posts/135283093231645, K. Vij. Textbook of Forensic Medicine and Toxicology; Principles and Practice 5 th ed.

American Law Institute Test:

American Law Institute Test 1972, ALI – adopted in Brawner case which discarded the Durham rule In “Model Penal Code” 1960 Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

PowerPoint Presentation:

A person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect, he lacks substantial capacity either to appreciate the wrongfulness of his acts or to conform his behavior to the requirement of law As used here, the terms ‘mental disease or defect’ do not include any abnormality manifested only by repeated criminal or otherwise antisocial conduct K. Vij. Textbook of Forensic Medicine and Toxicology; Principles and Practice 5 th ed.

Advantages of ALI over McNaughtens :

Advantages of ALI over McNaughtens ‘Criminal conduct’ – convey broader concept than ‘criminal act’ ‘As a result of mental disease or defect’ – convey broader spectrum of psychiatric disorders than ‘unsoundness of mind’ ‘Lacks substantial capacity’ – conveys ALI does not require total lack of capacity; gives the decision makers significant latitude in weighing the quantitative element of evidence K. Vij. Textbook of Forensic Medicine and Toxicology; Principles and Practice 5 th ed.

PowerPoint Presentation:

‘Either to appreciate the criminality of his conduct or to conform his conduct to the requirement of the law’ – noteworthy ‘appreciate – address both cognitive as well as affective / emotional elements of process of understanding Conform – include the volitional element to the defense of criminal conduct K. Vij. Textbook of Forensic Medicine and Toxicology; Principles and Practice 5 th ed.

Hinckley Trial :

Hinckley Trial 1982 – in USA – ALI test of criminal responsibility worked well till trial of John W. Hinckley Jr. who attempted to murder President Ronald Reagan Verdict was not guilty by reason of insanity Public outrage Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

PowerPoint Presentation:

Abolition of insanity defense in some US states & institution of a new test of ‘guilty but mentally ill’ in a number of other states ‘Guilty but mentally ill’ has been severely criticized – unsatisfactory Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

Comprehensive Crime Control Act:

Comprehensive Crime Control Act 1984 – USA, attempted to solve the problem by reverting to McNaughten rule, with one change Word “know” to be replaced by the word “Appreciate” The act prohibits psychiatrists from testifying to the ultimate question of insanity in the federal cases, belonged only in the province of the Judge or Jury Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

INDIAN LAW:

INDIAN LAW

Section 84 IPC :

Section 84 IPC Direct descendent of McNaughten rule “Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to Law” Indian Penal Code 1860 act 45. 01/06/1974. Superintendent Government press, Kerala sate

PowerPoint Presentation:

Insanity defense used in charges of murder to escape capital punishment When successful, defendant is found not guilty but often kept in safe custody usually an asylum Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2; Mathiharan K, Patnaik A. K, Modi’s Medical Jurisprudence and Toxicology 24 th ed

PowerPoint Presentation:

Law presumes every major persons to be sane unless contrary is proved Burden of proof on the defence It must be proved that unsoundness of mind existed at the time of committing offence No reference to irresistible impulse, diminished responsibility, infanticide Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2 Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2; Mathiharan K, Patnaik A. K, Modi’s Medical Jurisprudence and Toxicology 24 th ed

Role of Medical Officer / Psychiatrist:

Role of Medical Officer / Psychiatrist Following points taken into consideration before deciding on unsoundness of mind 1. Personal History 2. Family history 3. Past history 4. Absence of motive 5. Want of secrecy 6. Lack of concealment Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2; Mathiharan K, Patnaik A. K, Modi’s Medical Jurisprudence and Toxicology 24 th ed

PowerPoint Presentation:

7. Want of preparedness 8. Use of needless force 9. Multiple murders, 10. Want of accomplices 11. Indifference to crime committed These points only suggestive & never conclusive Question of insanity primarily decided by the court Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

PowerPoint Presentation:

Idiots, imbeciles & persons deprived of all understanding & memory (like children below 7 years, or children bet 7 & 12 years of immature understanding) – not criminally responsible Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

Partial Insanity :

Partial Insanity Insanity where understanding & memory are intact, dysfunction is primarily in delusional area Accused should be placed as regards criminal responsibility in the same situation as if the facts of his delusions were true & real Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

PowerPoint Presentation:

CrPC 334 – If the defendant is acquitted on the grounds of unsoundness of mind it is required to find the state specifically whether he committed the act or not If the act he has been committed, the Magistrate can either order for detention in safe custody or an asylum in accordance with the Indian Lunacy Act 1912 or order him to be delivered to any relative or friend on receiving application of such relative or friend (Sec 335 CPC) Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

Diminished Responsibility in Murder Cases :

Diminished Responsibility in Murder Cases Exception 1 & 4 of 300 IPC Culpable homicide is not murder if the offender, whilst deprived of the power of self control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident 4. Culpable homicide is not murder if it is committed without premeditation in a sudden fight, in the heat of passion, upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner Indian Penal Code 1860 act 45. 01/06/1974. Superintendent Government press, Kerala sate

Competency to Stand Trial:

Competency to Stand Trial Sections 328 to 339 CrPC (Act 2 of 1974)– provisions as to accused persons of unsound mind, including fitness to stand trial and the subsequent procedures When an accused is ‘lunatic’ and is consequently incapable of making his defence, the Magistrate enquires into the fact of unsoundness of mind at the first instance, including examination of the accused by a medical officer If + ve – he post postpones further proceedings of the case (328) Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

PowerPoint Presentation:

The accused can be either detained in safe custody (I L A 1912) or be released pending investigation or trial if bail can be taken and sufficient security is provided by a relative or friend that he will be properly cared for, will be prevented from injuring himself or others, and will be produced before the court whenever necessary Vyas J N, Ahuja N. Textbook of Postgraduate Psychiatry. 2 nd ed. Vol 2

Lucid Interval :

Lucid Interval Period occurring in insanity, during which all the symptoms of insanity disappear completely Can judge his acts soundly & so legally liable for his acts L I – varies person to person & time to time , very difficult to know whether he was suffering from some mental abnormality at the time of committing the offence Reddy K. N. S, The Essentials of Forensic Medicine and toxicology 29 th ed. 2010

Psychopaths :

Psychopaths A person who is neither insane nor mentally defective, but fails to conform to normal standards of behaviour Personality - antisocial, disruptive, abnormal Are unable to appreciate the moral implications of their action Not a ground for insanity defence; may provide a plea of diminished responsibility Reddy K. N. S, The Essentials of Forensic Medicine and toxicology 29 th ed. 2010

Section 85:

Section 85 Nothing is an offence which is done by a person, who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act or that he is doing what is either wrong or contrary to law: provided that the thing which intoxicated him was administered to him without his knowledge or against his will Indian Penal Code 1860 act 45. 01/06/1974. Superintendent Government press, Kerala sate

Section 86 :

Section 86 In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have if he had not be intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will Indian Penal Code 1860 act 45. 01/06/1974. Superintendent Government press, Kerala sate

PowerPoint Presentation:

Drunkenness caused by the voluntary use of alcohol or some other intoxicating drug is no excuse for the commission of a crime, but insanity produced by drunkenness, voluntary or otherwise, absolves one from criminal responsibility if it can stand the usual legal tests applied in the other forms of mental ill-health Mathiharan K, Patnaik A. K, Modi’s Medical Jurisprudence and Toxicology 24 th ed.

Take Home Message :

Take Home Message Major landmarks in Forensic Psychiatry Hadfield case McNaughten case After McNaughten case England USA India Diminished Responsibility Durham Rule Section 84 Butler Report ALI Criminal Law Revision Committee Hinckley Trial Comprehensive Crime Control Act

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