Effect of mental disorder on criminal responsibility and punishment

Saleh, Tarik A. (1990) Effect of mental disorder on criminal responsibility and punishment. PhD thesis, University of Glasgow.

Abstract

The problems which exist for a discussion about the relationship between the so-called mentally-disordered offender or accused and the notion of criminal responsibility and punishment are complex. They can not be fully understood without a consideration of the definition of crime, criminal responsibility, and of theories of punishment. Problems are not simply confined to a theoretical level. Accordingly, there is a need to understand the reality of mental disorder as perceived by psychiatrists and lawyers. This thesis, in chapter 1, looks at the concept of crime and attempts to establish a comprehensive definition. This may specify the circumstances in which the mentally disordered person is likely to become involved with the state and thereby be subject to a particular or special relationship with the law. Accordingly, chapter 1 explores the concepts of crime, its elements, and its limitations. Chapter 2 considers the various theories of punishment in order to seek to establish whether there are sufficient reasons to justify the way we deal with mentally disordered persons and whether they are rooted in concepts of fairness and justice. The next chapter explores the notion of mental disorder and examines the medical basis for understanding the condition. It attempts to examine whether the condition is "medical" and indeed whether it is an "illness". The relationship between the medical model and the legal model of mental disorder is studied in addition to the role played by psychiatrists. Chapter 4 examines the lawyer's approach to the mentally disordered person and seeks to determine whether the legal definition of insanity is in any way different from the medical concept of mental disorder and the consequences that flow from the various defences of insanity. Chapter 5 looks at the reality of the interaction between the mentally disordered person and the various institutions with which he comes into contact. Thus, state hospitals, the disposal of mentally disordered offenders or accused persons and the various sentences or restriction orders are examined. The final chapter considers possible areas for reform, and makes certain recommendations, which if implemented might serve to remove some of the difficulties that have been identified. he investigation includes the situation with regard to mental disorder and criminal responsibility in Iraqi criminal law as wel1. The main purpose of this thesis is to find out the appropriate theory of punishment which might be used to resolve the problem with mentally disordered people (both responsible and non-responsible) in respect of the sentencing process in U.K

• Item Type: Thesis (PhD)
• Qualification Level: Doctoral
• Subjects: K Law > K Law (General)
• Colleges/Schools: College of Social Sciences > School of Law
• Supervisor's Name: Supervisor, not known
• Date of Award: 1990
• Depositing User: Mrs Marie Cairney
• Unique ID: glathesis:1990-8602
• Copyright: Copyright of this thesis is held by the author.
• Date Deposited: 17 Nov 2017 11:06
• Last Modified: 15 Jul 2021 14:06
• Thesis DOI: 10.5525/gla.thesis.8602
• URI: https://theses.gla.ac.uk/id/eprint/8602