The Matrix of Insanity in Modern Criminal Law
This book challenges the assumptions of modern criminal law that insanity is a natural, legally and medically defined phenomenon (covering a range of medical disorders). By doing so, it paves the way for a new perspective on insanity and can serve as the
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The Matrix of Insanity in Modern Criminal Law
The Matrix of Insanity in Modern Criminal Law
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Gabriel Hallevy
The Matrix of Insanity in Modern Criminal Law
Gabriel Hallevy Faculty of Law Ono Academic College Kiryat Ono Israel
ISBN 978-3-319-20596-0 ISBN 978-3-319-20597-7 DOI 10.1007/978-3-319-20597-7
(eBook)
Library of Congress Control Number: 2015944195 Springer Cham Heidelberg New York Dordrecht London # Springer International Publishing Switzerland 2015 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper Springer International Publishing AG Switzerland is part of Springer Science+Business Media (www.springer.com)
Preface
What is insanity in modern criminal law? In most legal systems, modern criminal law presumes insanity to be a natural, legally and medically defined phenomenon (covering a range of medical disorders). Challenging these presumptions can result in a new perspective on insanity and serve as a basis for a revised matrix of insanity in modern criminal law. Each of the following examples challenges the above presumptions.
Example 1 A suffers from psychotic episodes, in the course of which she loses control over her physical motions. To retain her mental balance, she is instructed to take a pill every day at 12.00. She knows that if she fails to do so she will lose self-control within a few hours. Under the influence of the pill she is fully aware of her motions and capable of controlling them. When her abusive mother-in-law phones to say that she would be visiting in the afternoon, A decides to do away with her. With full awareness of her act, she chooses not to take the pill, intending to kill her mother-inlaw. When her mother-in-law enters the apartment, A is having a psychotic episode and kills her. She is charged with murder, and pleads the insanity defense. Modern criminal law accepts the legal mechanism of “transformation of fault” in various general defenses, as, for example, intoxication. These
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